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Min 12/07/1993 426 Wichita Falls, Texas Memorial Auditorium Building December 7 , 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 Leon Mallonee - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Jan Stricklin - Acting City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Lubin Moise, Gilbert Memorial CME Church. Item 3 Ms. Delores Gene Mathews, Library, was honored as Employee of the Month for December. Mayor Lam presented Ms. Mathews with a plaque, dinner for two, and theater and transit passes. Item 4 Moved by Councilor Thompson that minutes of the meeting held November 16 , 1993 , be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Items 5a-7f Item 5a was moved to the regular agenda. Moved by Councilor Thompson that the consent agenda be approved with the exception of Item 5a, which Councilor Mallonee asked to be brought off the consent agenda for discussion and motion. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 427 Item 5b RESOLUTION NO. 180-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS FOR PHASE II OF THE NORTH DRAINAGE BASIN SANITARY SEWER PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 5c RESOLUTION NO. 181-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ABANDONING THREE UTILITY EASEMENTS IN THE SI:BLEY TAYLOR ADDITION AND AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6a RESOLUTION NO. 182-93 RESOLUTION TO ACCEPT PROPOSAL OF EMSI , INC. FOR THREE WATER FLOW MEASURING DEVICES The bid for three ISCO-brand water flow devices was awarded to EMSI , Inc. , in the amount of $16,727. 00. Item 7 Minutes of the meeting of the following boards and commissions were received. a. Commission on Human Needs - November 1, 1993 b. Board of Electrical Examiners - November 11, 1993 C. Civil Service Commission - November 12, 1993 d. Employee Benefits Trust Meeting - November 18 , 1993 e. Lake Wichita Study Committee, November 2 , 1993 f. Wichita Falls/Wichita County Public Health Board - October 22 , 1993 Item 5a RESOLUTION NO. 178-93 RESOLUTION TO APPROVE ENVIRONMENTAL PROTECTION AGENCY MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT REPORT FOR THE RIVER ROAD WASTEWATER TREATMENT PLANT FOR FISCAL YEAR 1992/93 RESOLUTION NO. 179-93 RESOLUTION TO APPROVE ENVIRONMENTAL PROTECTION AGENCY MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT REPORT FOR THE NORTHSIDE WASTEWATER TREATMENT PLANT FOR FISCAL YEAR 1992/93 Councilor Mallonee discussed with staff a number of points for clarification. Moved by Councilor Martin to approve Resolution No. 178-93 and Resolution No. 179-93 . Motion seconded by Councilor Thompson, and carried by the following vote. 428 Item 5a, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8a The public hearing was opened on hazardous structures. Properties to be demolished have been vacant for at least one year. Henry Bayless, 4318 Faith Road, Wichita Falls, requested an additional ninety ( 90) days to put his rent house at 1507 30th Street, Wichita Falls, back into satisfactory condition. Jimmy Stodghill representing his mother, Patsy Allen Graves, of Almagordo, New Mexico, regarding her property at 2615 9th Street, Wichita Falls, requested the action to demolish this property be removed from this ordinance. He explained that a hearing for foreclosure on the lien will be held January 7, 1994, and he will begin work on the outside of the building immediately following that hearing. Jim King, Code Enforcement, stated a complete title search had been completed and ownership of this structure is still unclear at this time. Lyndell Wench, 2206 Broad, Wichita Falls, requested a work permit to improve the structure at 1217 North 10th Street, Wichita Falls. He plans to repair the structure and live in it. Jim King discussed that this owner had owned this property ten days, and that this structure would have to be reconstructed from the foundation up. Mr. Wench acknowledged he was aware of the foundation. Councilor Harold Hawkins requested that the property of Robert P. Kinard, 1205 North 3rd Street, Wichita Falls, be removed from the Ordinance and Mr. Kinard be given the additional ninety days to repair the structure. Councilor Hawkins stated that there was a defect in the title and that the Wichita County Bail Bond Board will release this property. Work can be started on it immediately. Mayor Lam declared the Public Hearing closed. ORDINANCE NO. 143-93 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY ( 30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY Councilor Hughes moved and Councilor Mallonee seconded that Ordinance No. 143-93 and the following amendment made to Ordinance No. 143-93 be passed: Remove from the Ordinance and give an additional ninety days for substantial improvement to the structures for the properties of: 1507 30th Street 1205 North 3rd Street 1217 North loth Street 2615 9th Street Motion carried by the following vote. 429 Item 8a, coni d. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9a ORDINANCE NO. 144-93 ORDINANCE APPROPRIATING $12, 000. FOR THE PURCHASE OF TREES FOR PARKS AND MEDIANS Moved by Councilor Thompson that Ordinance No. 144-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None It was rioted by Councilor Thompson that the monies for this action is from a Small Business Administration federal grant. Item 9b ORDINANCE NO. 145-93 ORDINANCE APPROPRIATING $5,000. FOR THE PURCHASE OF MEDIA PROGRAMS PROMOTING PLANTING OF TREES. Moved by Councilor Hughes that Ordinance No. 145-93 be passed. Motion :seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9c ORDINANCE NO. 146-93 ORDINANCE MAKING AN APPROPRIATION FROM EQUITY ASSETS OF THE WATER AND SEWER FUND TO AN APPROPRIATE OPERATING ACCOUNT FOR PURPOSES OF PARTIALLY FUNDING A REGIONAI, WASTEWATER CONNECTION WITH SHEPPARD AIR FORCE BASE Moved by Councilor Martin that Ordinance No. 146-93 be passed. Motion :seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None It was rioted by Mayor Lam that a pat on the back should be given to Public Works Director, George Bonnett, and City staff for a job well done working with Sheppard Air Force Base personnel on their wastewater treatment problems. 430 Item 9d ORDINANCE NO. 147-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 2, BLOCK 2, TYSON SUBDIVISION Moved by Councilor Thompson that Ordinance No. 147-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9e ORDINANCE NO. 148-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTHEAST SIDE OF FM HIGHWAY 1740 ADJACENT TO THE NORTHWEST LINE OF LOT 2, BLOCK 2, TYSON SUBDIVISION Moved by Councilor Hughes that Ordinance No. 148-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9f ORDINANCE NO. 149-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTHEAST SIDE OF FM HIGHWAY 1740 ADJACENT TO THE NORTHWEST LINE OF LOT 2, BLOCK 2, TYSON SUBDIVISION Moved by Councilor Hawkins that Ordinance No. 149-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9g ORDINANCE NO. 150-93 ORDINANCE AMENDING FEES FOR MICROFILM COPIES AT THE KEMP PUBLIC LIBRARY Moved by Councilor Thompson that Ordinance No. 150-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 431 Item 9g, con--Id. It was noted by Councilor Hawkins as to whether the increase is :sufficient and that he wanted the increase monitored for possible future action. Item 9h ORDINANCE NO. 151-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF HORSESHOE LAKE ROAD, ADJACENT TO THE WEST LINE OF LOT 1, UNIT 4, WICHITA VALLEY FARMS Moved by Councilor Hughes that Ordinance No. 151-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9i ORDINANCE NO. 152-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST SIDE OF SISK ROAD, THE NORTH SIDE OF APACHE TRAIL, AND THE EAST SIDE OF KIOWA COURT ADJACENT TO THE EAST' SOUTH, AND WEST LINES OF LOTS 1-A AND 2-A, BLOCK 1, RANCHO VISTA PLACE, UNIT ONE Moved by Councilor Hughes that Ordinance No. 152-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9j ORDINANCE NO. 153-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CHANGING THE NAME OF EDISON STREET 710 HARDING STREET; 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. 153-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None It was noted that Dave Clark, Community Development Director, distributed a letter of objection from Mrs. Wesley Woodfork (Olivia) , 511 Edison Street, Wichita Falls, Texas 76301-2814. After review of letter, Councilor Thompson stated 432 Item 9j , cont'd. that the survey conducted by the residents did not show any opposition and that this is the only opposition received. Item 9k ORDINANCE NO. 154-93 ORDINANCE APPROPRIATING EXCESS REVENUE RECEIVED FROM THE SANITATION FUND INTO THE FLEET MAINTENANCE FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30 , 1993 AND DECLARING SUCH ACTION AN EMERGENCY Moved by Councilor Martin that Ordinance No. 154-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None It was noted that this ordinance was passed as an emergency to continue the normal operation of the business of the City. Jim Berzina, City Manager, stated that an in-house study will be conducted to determine if privitazation of this City service could be cost effective. Item 91 A proposed ordinance was presented making an appropriation from equity assets of the Water and Sewer Fund to an appropriate operating account for purposes of conducting a sanitary sewer evaluation study in response to EPA administrative order. Moved by Councilor Mallonee that proposed ordinance be presented for discussion only. Motion seconded by Councilor Hughes. Discussion was held by Mayor, City Councilors, Kerry Maroney of Biggs and Mathews, Inc. , Public Works Director George Bonnett, Operations Manager Jerry Gross, and City Manager Jim Berzina regarding this study to analyze the City' s wastewater collection system. Jim Berzina noted that this request by the Environmental Protection Agency could be considered another unfunded mandate. Following discussion, Councilor Hawkins moved that this ordinance be tabled for additional information. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins Nays: Martin Item 9m ORDINANCE NO. 155-93 ORDINANCE TO ACCEPT GRANT FROM TEXAS DEPARTMENT OF HEALTH FOR IMPROVEMENTS TO THE WATER FLUORIDATION TREATMENT SYSTEM AND APPROPRIATE THE FUNDS TO AN OPERATING ACCOUNT Moved by Councilor Hawkins that Ordinance No. 155-93 be passed. 433 Item 9m, cont 'd. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 183-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY FOR THE PARTIAL FUNDING OF A FEASIBILITY STUDY OF THE CONSTRUCTION OF A TURNPIKE BETWEEN WICHITA FALLS AND ABILENE; 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. 183-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None It was noted that Councilor Hughes expressed appreciation to the City Councilors and citizens of Wichita Falls and to Mayor Lam for his time and efforts in the accomplishment of this action. Item 10b RESOLUTION NO. 184-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS APPROVING NON-ANNEXATION CONTRACT WITH THE STANLEY WORKS COMPANY FOR A PERIOD OF SEVEN (7) YEARS BEGINNING JANUARY 1 , 1994; 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. 184-93 be passed. Motion seconded by Councilor Mallonee. Councilor Martin moved and Councilor Mallonee seconded that the following amendment to Resolution 184-93 be passed: Change section 9 of this contract to conform with the current contract. The motion to pass Resolution No. 184-93 as modified, carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 434 Item 10c RESOLUTION NO. 185-93 RESOLUTION TO AMEND RESOLUTION 159-90 TO INCORPORATE CHARGES FOR DISPOSAL OF PRIVATE GRIT AND GREASE TRAP WASTES AT THE WASTEWATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 185-93 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10d RESOLUTION NO. 186-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE FORMATION 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 Martin that Resolution No. 186-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None It was noted that Councilor Martin congratulated Dave Clark, Community Development Director, and his group for the good work that they have done. Item 10e RESOLUTION NO. 187-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING RESOLUTION NO. 164-93 , SECTION 2 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Mallonee that Resolution No. 187-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 435 Item 10f RESOLUTION NO. 188-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS EXTENDING THE TIME WITHIN WHICH THE CITY MUST DETERMINE THE REASONABLENESS OF THE INITIAL BASIC CABLE SERVICE RATES FROM 30 TO 90 DAYS, IN ACCORDANCE WITH ORDINANCE 129-93 ; 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. 188-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10g RESOLUTION NO. 189-93 RESOLUTION ACCEPTING THE SETTLEMENT OFFER FROM ZALE' S & GORDON'S JEWELRY BANKRUPTCY. Moved by Councilor Hughes that Resolution No. 189-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10h A proposed resolution was presented to approve contract with Biggs and Mathews, Inc. for engineering consulting services to perform a sanitary sewer evaluation study. Moved by Councilor Mallonee that this resolution be tabled. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10i RESOLUTION NO. 190-93 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND BUDGET CONTINGENCY ACCOUNT TO AN OPERATING ACCOUNT FOR THE CITY'S PORTION OF A FEASIBILITY STUDY ON CONSTRUCTING A TURNPIKE FROM WICHITA FALLS TO ABILENE Moved by Councilor Martin that Resolution No. 190-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. 436 Item 10i, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item lla Moved by Councilor Hughes that bid for two ( 2 ) 114 cubic yard, solid waste transfer trailers be awarded to Brothers Industries, Inc. , Morris, Minnesota, in the amount of $83 , 328 . 00 . Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None It was noted by Councilor Hughes that he appreciates the full page of history and information on this bid; it made it easier to come to the same conclusion, Item llb Moved by Councilor Martin that bid for two ( 2 ) 72 inch cut rotary mowers be awarded to Goldthwaite ' s of Texas, Inc. , Fort Worth, Texas, in the amount of $20, 688 . 00. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item llc Moved by Councilor Martin that bid for a 3/4 van be awarded to Fred Jones Ford, Oklahoma City, Oklahoma, in the amount of $13 , 299. 00. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 11d Moved by Councilor Mallonee that bid for a 3/4 ton heavy duty suburban be awarded to Four Star Motors, Henrietta, Texas, in the amount of $20,759. 32 . Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 437 Item lle RESOLUTION NO. 191-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ACCEPTING BID FOR TRADE OF EXCESS PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED ON BEHALF OF THE CITY; FINDING AND DETERMINING THAT THE MEE`.PING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Mallonee that Resolution No. 191-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. 4W Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 12a Discussion of the curfew ordinance was held. Mayor Lam stated that the Supreme Court has ruled curfews to be constitutional and that many City of Wichita Falls citizens and City Councilors have inquired regarding the City establishing a curfew. The City of Wichita Falls has a curfew but it has not been enforced in years. Based on advice from our attorneys, we held up until we got the information from the Supreme Court. Mayor Lam requested input from the public on effectiveness of the curfew. Eugene Cast, 1112 Harlan Avenue, Wichita Falls, represented his neighborhood group and stated they are in support of a curfew. Leona Hancock, 2554 Shepherds ' Glen, Wichita Falls, represented her neighborhood group and Wichita County Crime Commission. She stated that Mr. Cast is also a member of the Wichita County Crime Commission and he is head of the Council of Captains and Presidents of the neighborhood watch groups so they can talk and share information. Ms. Hancock stated that she came to the Council meeting today to give some information about their organization. The organization was set up for the purpose of prevention of crime. It is a diverse, non-partisan group strictly for crime prevention made up of citizens from Wichita Falls and Wichita County. They have an active executive board that meets on a weekly basis and also have a monthly meeting. They work in cooperation with the Police Department and the District Attorney' s office and the judicial system in any way they can. She thanked the Council for the inspirational meeting regarding the gangs held at the Activity Center. She pointed out the extreme courage of the citizens that attended that meeting. She also stated that her group wishes to support the City Council recommendation to look into a curfew. Wichita County Crime Commission wishes to establish a Family Enrichment Center to assist parents in dealing with their children. Her group will be bringing to Council next month a very definite, concise program drawn up to propose to Council. Ms. Hancock said their group also wishes to support Brenda Jerratt' s program. We hope the City Council will invest in these programs and encourage: all the business leaders to also invest in these programs. She stated that if you have time, money or programs like Ms. Jerratt' s they would like to see those funded and promoted. Ms. Hancock discussed that her group had planned to give the City Council Rainbow Ribbons to wear, but the lady that was to brine them was not present. They are called Peace Ribbons, and they are asking for a truce here in Wichita Falls so that no more children have to die. She stated that they would be presenting them to the Council and asked for the Police Department to let the Police Officers wear them. Her group will make the ribbons available to the Police Department. Some of 438 Item 12a, cont'd. their group members are going to put ribbons around the trees in their front yards. Ms. Hancock invited the City Council to attend her group' s monthly meetings. Mayor Lam asked Ms. Hancock if she is for a curfew; what did she think should be the hours of curfew. She stated, in her personal opinion, the hours should be from 10: 00 p.m. on weekdays and 12: 00 a.m. on Fridays and Saturdays. Chief Curtis Harrelson addressed the workload impact on the department that a curfew will bring and further discussed the Dallas curfew setting an 11: 00 p.m. weeknights and 12: 00 a.m. for Fridays and Saturdays. A curfew would be a tool for the Police Department to use but the need to set up procedures much like Dallas ' s that sets up a citation be issued to the parents when the children are caught out after curfew. The problem that exists for the Police Department is what to do with the child that has been taken into custody and the parents are not at home or cannot be contacted. The Chief said he had met with Ted Paddack, Dave Johnson, Pat King, and Kelli Valdez to attempt to work out a solution before we get into curfew enforcement. The Chief believes that when this curfew is kicked off there will be a large number of arrests and citations. He also stated that we would not like anyone to think this is going to be the total answer to resolve gang situation. The officers believe the curfew ordinance would be a good tool in their work. Chief Harrelson stated that he had met with Ted Paddack and Dave Johnson, County Juvenile Detention, and Pat King and Kelli Valdez, Children' s Aid Society, about caring for the children taken into custody and the parents or guardians not being located. He said that a committee needed to be formed including the District Judge, Municipal Court Judge, and the individuals referenced above. Ted Paddack, Family Court Services and Juvenile Aid Services, stated that they were here with the Chief to allow you to know that we are prohibited by law to detain a juvenile until they have entered the juvenile court system. It is a technical issue, and he asked that the Council support a broad based coalition to get together and see how we can work out procedures of what we are going to do with these youth. He also encouraged the Council to look at placement outside the court system and to set up a per diem system, when you can' t find the parents, to place with outside agencies. Pat King and Kelli Valdez are here and there is some chance of placing in that agency but there needs to be some per diem charged. Mr. Paddack said they support the curfew and that the times of curfew should be up to the City Council. He said that the curfew is a good tool to use with some of the problems with our youth and be sure this is not viewed as a quick fix to our gang problems. Our gang problems go much deeper than just what a curfew can do. Jim Berzina, City Manager, asked what kind of room does the juvenile detention facility have to house these youths. Mr. Paddack replied that 23 beds facility and 5 or 6 of those beds are taken up with long term occupants. Mr. Paddack continued by saying, we are pretty near our capacity now and once you get over 14 or 15 we begin to have to look at staffing issues. Additional discussion was held between Mr. Paddack and the City Council. Pat King, Executive Director of the Children' s Aid Society, stated the Children' s Home and the Teen Shelter are the facilities she works with. Ms. King supports the curfew and wishes to address what the Children' s Aid Society can provide for those children whose parents are not able to be located in a reasonable length of time. We already work with the Sheriff ' s Department and Police Department on issues with children. However, we do anticipate a large increase for shelter. The Children' s Home facility has 31 beds, and we serve from birth to 439 Item 12a, corit'd. 17 years of age. Most of those are court ordered placements. Teen Shelter is self referred facility. Ms. King says in her opinion this curfew needs to have some teeth in it. The curfew is just a beginning tool and will not take care of the gang problems. Ms. King recommended on behalf of the Children' s Aid Society that we have something in place of accountability with the parents, therefore, there needs to be a fine if the child is in violation of the curfew; placement be provided if the parent cannot be reached in a reasonable period of time; a per diem be paid to the Children' s Aid Society if the children are placed with them. Charles Arnett, President of Sunnyside Neighborhood Watch and President of Wichita County Crime Commission. Parents used to be able to enforce curfews by using a board to their «► backside. State and Federal Laws have made it impossible to punish your child for wrong doing. You can' t abuse your child, you can be taken to court, tried and imprisoned. The laws of the Supreme Court taking away prayers in the schools has taken away pride in the families and children. Children do as they see fit. Mr. Arnett says his group is here in support of the curfew. He stated that there should be in place a progressive fine and Ms . Hancock and our group will present the Family Enrichment Program next month to ask the Council to approve this center. Jim Berzina asked the origin in your group and who appointed your Crime Commission. Mr. Arnett said the County did not appoint their Commission and that Ms. Hancock would have to answer this c{uestion. Ms. Leona Hancock said she was one of the founding members and they are a group of citizens that was founded August 4th and they are modeled after Dallas ' s Crime Commission. She said they are a group of citizens that believe as a collective group their voice could be more clearly heard. She said they are experts as concerned citizens. Funding sources will be given in a complete list as they develop the Family Enrichment Center. The Mayor said we will look at your proposal when you get it ready. Kelli Valdez, Teen Emergency Shelter of Wichita Falls, stated as an agency they support the curfew. This agency is a part of the Children' s Aid Society and is an eight bed facility. Runaways or at risk children is who we usually see, and we stay full most of the time. Ms. Valdez says the parents need to be responsible and we are willing to work with the Council and do whatever we can. Councilor Loughry says we need to make sure our Police enforce the curfew and have procedures to take care of things. Councilor Martin stated everyone knows that I am very much in favor of a curfew and the reason because of increase crime in our City. Establishing a curfew is not to get a young boy or girl in trouble, but if they are out past curfew time they are vulnerable to the ways of the streets and whether they intend to or not they are going to get into trouble. The curfew will keep them out of trouble. If we can keep one child out of trouble it will pay for the program. Councilor Hughes agrees with several of the citizens that state the curfew must have some teeth and procedures to be used in enforcement. Disburse the problem where it needs to be and not make the solution worse than the problem. Use the suggestion of: putting these groups together with the Chief and other City staff to resolve some of the issues and make recommendations to the Council. Councilor Hughes will not be for a curfew until some of those issues are resolved. Councilor Mallonee said he couldn' t add too much to what Mr. Hughes said but liked the idea of getting the neighborhood groups together to come up with ideas and procedures. Councilor Hawkins said he supported the curfew since he has been on the Council. He said the problem begins with the family 440 Item 12a, cont'd. themselves and that we need to go out to our churches and our ministerial alliances and ask them to start putting things in place so the family has somewhere else to go besides the belt or the strap or whatever it is because there are other ways to handle children. Councilor Hawkins said he likes the way Atlanta handles the curfew and their fine procedures. Atlanta charges $1,000 for their fines. Crimes are already costing us, and we do need to go ahead and get this started now and see if we can find some way to deal with this. He said he is looking forward to some of the ministers coming forward to offer their help. Councilor Thompson said that he hopes within 30 days we have our curfew enacted and we have some problems to resolve. He said he would like us to look at available space in the station and use non-commissioned officers or to contract with Children' s Aid Society to provide those services. Councilor Thompson said we must do this to protect and save those young people perhaps who could become doctors, lawyers, or whatever. It is wrong to allow them to drift just because we do not have an answer today. To some it may seem punitive or rather cruel to have a curfew to get the children off the streets at 3 in the morning. He said we need to give some thoughts to parents as to how their children are going to make it in this world. The curfew should be designed to save those children who want to be saved; there are some who will be arrested every night, for them it will do no good except to fine their parents. Councilor Thompson said have them remove graffitti on some of these buildings so we could have the fine paid out by direct services or through cash. Councilor Thompson said we must move forward with the curfew; he believes that our citizens think we should take a firm stance on this. This curfew will be the corner stone on it. If we do not do this, giving money to groups will not mean a hill of beans and I know that since it is the whole town we are talking about we are equivocating on this. The meeting that was held on Tuesday night had all races in attendance to express concern about our children. Councilor Thompson said Chief if you have to babysit some children, he would rather see this than you having to shoot them. He would rather see them in a room where there is an officer there watching them than have kids running up and down our streets burglarizing buildings. He realizes that police officers do not like to see themselves in that role. It is not macho or heroic, but if you save a child' s life and keep them out of trouble it is very heroic. Mayor Lam said he is like the other Council members, he has sensed and has had it communicated to him that this community is ready for a curfew and wants to try one. He said it is not the solution to the problem but perhaps is one tool we can use in fighting a very terrible thing that is happening in our community. Mayor Lam said he wants to move forward fairly quickly and ask the City Manager to direct our Police Chief and the City Council directs the City Attorney and whoever else they feel is needed to form a group and get at least a trial ordinance before this Council in thirty ( 30 ) days or if possible in two weeks. The Council can then debate the ordinance and incorporate some of the good ideas shared with the Council by citizens. Item 12b Mayor Lam asked for anyone from the public to come forward and address the Council with any concerns they might have. Brenda Jerratt, 2170 Avenue J, Wichita Falls, requested financial support from the City Council for the Youth Opportunities Center and told about the parent company. On October 12, 1993 , the Junior Senior Forum donated the old Northside Girls Club building, and we are planning to house all of the activities we had planned for the old Issas Carver 441 Item 12b, corit'd. Theater plus educational, recreational programs, or whatever the voids are in programming for our youth. She asked to be told in a one, two, three manner what has to be done to get funds for the operational funds of the Center. Mayor Lam said the budget has been parsed and those decisions have been made for this coming year. Mayor Lam said if something was worthwhile and could convince this Council that it was going to help the problems with gangs in this City and that there were no other on going programs in existence and funding was not available elsewhere, he said they would all take a look at it. We would like a report on your program to give us an idea about how to quantify the effectiveness of your program. Jim Berzina said the key element is to let us know what the City' s money would be used for, and it might open up other pots. Mr. Berzina said a plan would need to be seen before any decisions could be made. Ms. Jerratt stated she has put together a package to provide to the Council, and if the Council needs anything more she would like to know. Ms. Jerratt said there is absolutely no duplication of services. January 15 , Saturday is open house for the Center. Councilor Hughes stated that the sub-committee of the Council for Outside Agencies is a committee she could use to present her plan to for consideration in the future. Councilor Hughes said -the City might wish to be a partner in funding but not fully fund. Ms. Jerratt indicated that she understood. David Campa, 2136 Avenue F, Wichita Falls, said he was here to back Ms. jerratt to get this Youth Center. Jason Gonzales, 1108 Calhoun Street, Wichita Falls, stated he was one of the youths that participates in Ms. Jerratt' s Youth Center, and it has decreased the gang violence and graffitti in his neighborhood. He said it is a positive influence in the community. Harold Bennett, 608 Ft. Worth Street, said he was one of the youths that attends the Youth Center and will soon be the Youth Director at the Center, and he supports Ms. Jerratt' s program for a safe haven for boys and girls. Mr. Bennett asked the Council to fund the Center. Denise Olsen, 2112 Virginia Drive, Wichita Falls, supports Ms. Jerratt' s program for a safe place. Her friend was the one who got killed, and her other friend was the one who killed the girl. She said the children has too much spare time. She said the Eastside has a negative reputation, and Ms. Jerratt' s Center would be a ;positive reputation for the Eastside. Ms. Olsen asked the Council to assist Ms. Jerratt in support of the Youth Opportunities: Center. Asset to the whole community. Otis Polk, III , 1400 Normandy Drive, Wichita Falls, is currently working with Ms. Jerratt at the Center, and he said the Council has to realize that the youths are confused and need help. The kids are behind Ms. Jerratt' s group, and he wants the City Council to fund the Center. M. F. Hankins, Lake Kickapoo, stated that he has sent letters to all of the Council that his daughter and son-in-law wanted to buy property at the Lake. Mr. Hankins funded that purchase. September 1992 they sent a check for the lease payment and -the check was refused because the check was not in the name of the property owner. It was in his name. Mr. Hankins asked the Council for assistance in this matter. Mayor Lam told Mr. Hankins to get with City staff to get his issue placed on the: agenda for next City Council meeting. Reverend Ken Hurley, First Baptist Church, Wichita Falls, stated that tie supports Ms. Jerratt' s programs. Rev. Hurley is conducting a survey of citizens to get the top five things that are problems in this community. Rev. Hurley believes the Council will have to put teeth in the curfew ordinance that will involve the parents for that ordinance to be effective. He also 442 Item 12b, cont'd. , stated that he has been asked to be the Youth Coordinator for Wichita County Crime Commission and he is going to do what ever he can to help there. He asked the Council to sanction the Wichita County Crime Commission. Item 12c Councilor Thompson said since the City has expressed an interest in our young people and to eradicate gangs as much as possible and trying to find a Wichita Falls solution, he doesn' t know whether that is going to carry some price tag. Councilor Thompson thinks the Council should start thinking about how all the groups that are going to start coming forward for funding should be responded to and he believes that there should be some method set up for request for proposals with audits of previous programs and information of management experience and what has been done in the past. He can see all kinds of groups coming up, and most of them will be good, but he can see the Council going down a road they might regret. Councilor Thompson expressed his appreciation for all of those that came out to the workshop on November 30th. He said it was so well attended they had more people than anticipated and some people were even turned away. Some of the people did not get their questions answered, but there were so many people it was impossible for everyone to have input. Things that came out of it were they had blacks, whites, and browns in attendance on common ground with a common interest, our children. The meeting was positive and he hopes some things will come out of it. Councilor Thompson said that one of the suggestions that came out of that meeting was forming a Police Reserve, and he asked that Chief Harrelson look into this and present it at a future meeting. Councilor Thompson replied that a Police Reserve is one of the things we would need and that it might be an opportunity for blacks and browns to work their way up into the police force. One of the other suggestions that he would like to bring to the attention of the Council is to form a Youth Commission and it not to come from somewhere else. This would give the opportunity to give guidance and have a handle on it rather than be on the receiving end. The Mayor asked if this suggestion for a Commission would be similar to the one Barry Macha had suggested. Councilor Thompson replied that Barry' s suggestion dealt with a more narrow scope than the Commission he is suggesting. He said he hoped the Council would consider developing a Youth Commission that could be coordinated and given direction by the Council. He said we do not have enough money to fund everybody or really anyone to speak of, but we might know where monies might be available and can help people that have an interest in that. He said he would like for the Council not to give the signal that they are going to fund anyone but would work with them and maybe give them direction to formulating their proposals because there is a great need for that service. He also stated that they look forward to January in meeting with some of the gangs as soon as we can work out an agenda and deal with security and a location. He said when that is done they will announce the time and place for the meeting. Councilor Hawkins said he had someone contact him that asked if an individual who was employed by the City leaves the City in good standing and comes back later and is employed by the City is a date of employment adjusted for the time they were absent. Jan Stricklin replied that there are two answers for that. One is for the non-Civil Service employee and one is for the Civil Service employee. For the non-Civil Service employee they began all over again the same as if they had left your company and they came back and you hired them again, you would just start them all over again. For the Civil Service employee it depends on when they left and when they return as to exactly how it counts. Councilor Hawkins asked if he leaves would his prior time with the City count toward his retirement. Ms. Stricklin replied, no. Councilor Loughry said he thought there was five year time. Ms. Stricklin said, if he leaves his 443 Item 12c, cor.Lt'd. retirement in the TMRS system when he leaves employment with the City then he can pick up from that point and begin to count the new time he will have with the City, but if he leaves the City employment and he takes his retirement with him, it will not count and he will have to start all over again. Councilor Hawkins said but for promotion from a patrolman to a sergeant in rank he would get an adjustment on his prior time for promotional purposes. Greg Humbach said he has to have two consecutive years in the department for promotional purposes for him to take the promotional examination. Councilor Hawkins said he has been led to believe that it has been handled a little different than that and asked that Mr. Berzina look into it. He said the reason it came to him is if the past time for working with the City counts, why can' t service in the United States service count. Councilor Martin said if you leave the military service and then go back in you establish a new date of rank. Jim Berzina said let me get the information for you. Councilor Hawkins said he didn' t wish to give the name of the individual because they feel they get hammered afterwards. Councilor Mallonee said he would like Greg to give a report at the first meeting in January where we stand tax wise with the County on collections and where we were at this time last year. Mr. Humbach replied he would be glad to do so. Councilor Hughes said he had nothing additional at this time. Councilor Martin said he wished to caution the citizens that at this time of the year the theft rate and house burglaries prick up again, and fires also. He said we have talked about Crime Prevention and now is the time to keep your eyes open and do the reporting. He said he had observed a change that is taking place in our community and that no city is any better than the citizens want it to be and apparently our citizens have received the reveille call and want this City to become a better city. When we get the citizens involved then the Council will work with those citizens and abide by the desires of those citizens and the citizens want the laws we will certainly cooperate and work with them. The quality of life has been enhanced. over the past few years. Councilor Martin stated today is the day to recognize Pearl Harbor Day and hopes all citizens will remember those men that served in the war in 1941. He stated it was kind of alarming to think that kids in school are studying the history that he helped make. Councilor Loughry stated on behalf of the Mayors Commission on the Status of Women he asked Jan Stricklin to provide a report work services by job description. He thinks Mr. Thompson has asked for them a long time ago and we were getting them quarterly. Jim Berzina asked if Councilor Loughry was asking about the Affirmative Action report. Councilor Loughry said the report she used to give and it just faded away. Ms. Stricklin replied that she was giving it quarterly and at the request of the Council she started giving it semi-annually. Mayor Lam . asked Jan to provide Councilor Loughry with the latest report. Ms. Stricklin replied she would do so. Councilor Loughry pointed out to George Bonnett that a year or so ago the City did w? an alley paving job over on Cove Street and between 4606 and 4604 Cove they left a gap out, there was a piece of concrete that was not in good shape but left in there and now it is a big mud hole, and he wanted to know if it was possible with the money we have got and see if we can take a look at it and fix it. It would be in the best interest of us and the garbage trucks going through the alley. He said he guessed they built it from both directions and just left a piece of old concrete in it, just checking. Mayor Lam informed Dave Clark that he had a call from some people that got a project that will have to go through Planning and Zoning. It appears to be routine but if they do not get started soon they are subject to losing the deal or getting into 444 Item 12c, cont 'd. trouble time wise, is there anything as far as putting up bonds or any avenue they can take with regard to proceeding prior to that with knowledge of course that if it failed they would have to take a corrective course of action. Mr. Clark responded that he was unaware of the issue in discussion and would have to speak to the Mayor more directly. Item 12d Jim Berzina informed the Council that at last session he discussed changing the Residency Policy and that the new administrative policy on Residency requires the individuals to live within a twenty (20) minute driving distance from the City limits. The old administrative Residency policy required the individual to live within a ten mile distance to the City limits. The law has required us to change from miles to minutes. Individuals who live a greater distance are grandfathered. Mr. Berzina also stated that some time back the City Council passed an ordinance that allowed the City Manager to designate smoking or non-smoking areas of City-owned buildings and we have handled it building by building. He asked for input from the Council and if there is not objection to it he would like to designate all City-owned buildings smoke-free or non- smoking. Some difficulty may come in outside the Council Chambers where the public smokes and upstairs on the third floor during concerts or events held in the Auditorium. He also stated the Activity Center and Martin Luther King Center may be a problem. Councilor Hawkins asked if the plan includes City cars. Mr. Berzina replied that was under consideration and would be part of the plan. Mayor Lam said go ahead. Councilor Loughry stated it was the best decision Mr. Berzina had ever made. Councilor Mallonee inquired as to what happened about Murphy Davis report. Mr. Berzina replied that we have encountered a few difficulties with the refinancing. We want to take them both together, the General Fund and Water-Sewer Fund. We have one part of the coverages in terms of current revenue that is not up to the coverage level at this time, we want to check this year' s budget and see how the revenues are coming in and we will tell them we probably want to have a meeting in January. He said we have to have those coverages for bond coverage and right now we would be a little thin. The City Council adjourned at 12: 55 p.m. PASSED AND APPROVED this 21Xday of 1993 . Michael Lam, Mayor ATTEST: J Stricklin ting City Clerk