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Min 10/19/1993 401 Wichita Falls, Texas Memorial Auditorium Building October 19, 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 - Jim Dockery - Assistant City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk The invocation was given by Dr. Ray Miller, Pastor, Central Baptist Church. Mayor Lam proclaimed October 24-30, 1993, as Pharmacy Week in Wichita Falls . Mayor Lam proclaimed the month of October, 1993, to spotlight Tae Kwon Do in Wichita Falls . Item 3 Moved by Councilor Thompson that minutes of the meeting held October 5, 1993, be approved. Motion seconded by Councilor Hawkins, and carried unanimously. Items 4a-6f Item 6g was moved to the regular agenda . Moved by Councilor Thompson that the consent agenda be approved, with exception of Item 6g. Motion seconded by Councilor Mallonee and carried unanimously. Item 4a RESOLUTION NO. 151-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE WICHITA COUNTY-CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD TO CONVEY CERTAIN LAND TO THE UNITED DIAGNOSTIC CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 5a RESOLUTION NO. 152-93 RESOLUTION TO ACCEPT THE 1993 MILL & OVERLAY PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY 402 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission, September 8, 1993 b. Wichita Falls Traffic Safety Commission, September 1, 1993 C. Water Resources Commission, October 1, 1993 d. Library Advisory Board, September 28 , 1993 e. Civil Service Commission, September 29 , 1993 f. Commission on Human Needs, October 4, 1993 Item 6g Moved by Councilor Hughes that minutes of the meeting of Wichita Falls Arts Commission held on October 12 , 1993 , be received. Motion seconded by Councilor Hawkins, and carried unanimously. Item 7a ORDINANCE NO. 136-93 ORDINANCE TO WAIVE SECTION 32-57 OF THE CODE OF ORDINANCES TO APPROVE A REDUCED SEWER BILL FOR TEXAS AGRICULTURAL EXTENSION SERVICE FACILITY ON MIDWESTERN PARKWAY (ACCOUNT 12 056 0110 1) Moved by Councilor Mallonee that Ordinance No. 136-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Hughes, and Martin Nays: Councilors Loughry, Thompson, and Hawkins Item 8a RESOLUTION NO. 153-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES CONTRACT WITH RICE, WILLIAMS ASSOCIATES; 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. 153-93 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: done Item 8b RESOLUTION NO. 154-93 RESOLUTION TO APPROVE MODIFICATION TO UTILITY SERVICES CONTRACT WITH SHEPPARD AIR FORCE BASE TO INITIATE A REGIONAL WASTEWATER CONNECTION f 403 Item 8b, cont'd. Moved by Councilor Thompson that Resolution No. 154-93 be passed. Motion seconded by Councilor Martin and carried by the following vote. i Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8c RESOLUTION NO. 155-93 RESOLUTION RECOGNIZING MR. DON JAMES FOR HIS INVOLVEMENT AND LEADERSHIP IN WORKING WITH THE LAKE WICHITA STUDY COMMITTEE Moved by Councilor Martin that Resolution No. 155-93 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 Mayor Lam presented a plaque to Mrs. Don James in memory of Mr. Don James for his community involvement and his contribution in working with the Lake Wichita Study Committee. Item 8d RESOLUTION NO. 156-93 RESOLUTION RECOGNIZING MR. CHESTER LUDLAM FOR HIS INVOLVEMENT AND LEADERSHIP IN CHAIRING THE LAKE WICHITA STUDY COMMITTEE Moved by Councilor Thompson that Resolution No. 156-93 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 Mayor Lam presented a plaque to Mrs. Chester Ludlam in memory of Mr. Chester Ludlam for his leadership and service on the Lake Wichita Study Committee. Item 8e RESOLUTION NO. 157-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM BY ASSISTING THE WICHITA COUNTY HERITAGE SOCIETY TO REHABILITATE, TO A RESTAURANT, THE ROUTE BUILDING AT 503 EIGHTH STREET, LOTS 1 & 2 , BLOCK 177, ORIGINAL TOWNSITE, CITY OF WICHITA FALLS, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 404 Item 8e, cont'd. Moved by Councilor Hughes that Resolution No. 157-93 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 8f RESOLUTION NO. 158-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA. FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE, AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM BY RELOCATING THE OLD WICHITA RIVER BRIDGE (CR 494-1) LOCATED ON FM 368 AT BURNETT PARK TO A NEW LOCATION ON THE WICHITA RIVER BETWEEN THE NORTH AND SOUTH SITES OF THE MULTI-PURPOSE EVENTS CENTER PROVIDING A CONTINUATION OF THE RIVERWALK BICYCLE; AND PEDESTRIAN TRAIL SYSTEM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hawkins that Resolution No. 158-93 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 8g RESOLUTION NO. 159-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE; AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM BY ASSISTING THE WICHITA COUNTY HERITAGE SOCIETY TO ACQUIRE AND REHABILITATE, TO AN OIL AND GAS MUSEUM, THE BUILDING PRESENTLY OCCUPIED BY THE BIG-C APPLIANCE STORE AT 504 EIGHTH STREET, LOTS 3 , 4, 5, 6 & 7, BLOCK 162 , ORIGINAL TOWNSITE, CITY OF WICHITA FALLS, TEXAS; 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. 159-93 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 n 405 Item 8h RESOLUTION NO. 160-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ENHANCE THE INTERMODAL TRANSPORTATION SYSTEM BY ASSISTING THE WICHITA COUNTY HERITAGE SOCIETY TO REHABILITATE, TO A COCA-COLA MUSEUM, THE BUILDING KNOWN AS THE "LITTLEST SKYSCRAPER" AT 511 SEVENTH STREET, LOT 1, BLOCK 162 , ORIGINAL TOWNSITE, CITY OF WICHITA FALLS, TEXAS; 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. 160-93 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 8i RESOLUTION NO. 161-93 RESOLUTION TO APPROVE HOLLIDAY CREEK SANITARY SEWER INTERCEPTOR CONTRACT TAKE-OVER AGREEMENT Moved by Councilor Martin that Resolution No. 161-93 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 8j A proposed resolution was presented authorizing the City Manager to execute lease of certain property at Lake Arrowhead, to wit, Lot 6 , Block A, Eastside Lake Arrowhead. Moved by Councilor Thompson that proposed resolution be passed. Motion seconded by Mayor Lam. Motion failed by the following vote. Ayes: Councilor Loughry Nays: Mayor Lam, Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Item 8k A proposed resolution was presented authorizing the City Manager to execute lease of certain property at Lake Arrowhead, to wit, Lot 1, Block A, Eastside Lake Arrowhead. Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Mayor Lam. 406 Item 8k, cont'd. Motion failed by the following vote. Ayes: Councilors Loughry and Thompson Nays: Mayor Lam, Councilors Mallonee, Hughes, Martin, and Hawkins Item 81 RESOLUTION NO. 162-93 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE TOTALING $74, 337. 72 FROM AN ACTIVE TO DORMANT STATUS Moved by Councilor Hawkins that Resolution No. 162-93 be passed. Motion seconded by Councilor Martin, and carried by the following votte. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, ]Hughes, Martin, and Hawkins Nays: None Item 8m RESOLUTION NO. 163-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ABANDONING A UTILITY EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO TU ELEC'TRIC; 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. 163-93 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 8n This item was withdrawn from the agenda and will be placed on the next council meeting agenda. Item 8o RESOLUTION NO. 164-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO EXPAND THE BIKEWAY SYSTEM OF THE CITY OF WICHITA FALLS IN THE WEEKS PARK AREA AS PART OF AN OVERALL BIKEWAY TRANSPORTATION SYSTEM; 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. 164-93 be passed. Motion seconded by Councilor Hughes. 1 407 Item 8o, cont'd. Councilor Hawkins proposed a substitute motion to change the amounts in Resolution 164-93 as follows: $30,000 to $32 , 000 and $150,000 to $160,000. Moved by Councilor Martin and seconded by Mayor Lam to adopt this amendment to Resolution No. 164-93 . Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Motion to adopt Resolution No. 164-93 carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None The City Council recessed at 10: 00 a.m. , and reconvened, at 10: 10 a.m. Item 9a Dewey Conley, 2804 FM 368 S. , Iowa Park, Texas, requested that final decision regarding termination of his lake lot lease, Lot 3 , Block C, Westside Arrowhead, be placed on the November 2 , 1993 , Council agenda. Mayor Lam, advised Mr. Dockery to place this request on the next Council agenda. Item 9b Councilor Loughry stated that in response to a call from an older lady that a bus stop bench or something be placed at Kemp & Avenue Q. Councilor Loughry brought up the disposal of sludge from our waste water treatment plant and exposure to liability in case of a sludge spill. Mr. Bonnet explained the disposal process and stated that the probability of a sludge spill was remote. In regard to land applications of sludge, Mr. Bonnett informed it was not cost effective. Councilor Loughry requested that the 1300 block of Giddings Street be better lighted in order to deter crime in an area already considered high crime. Councilor Martin reminded Wichita County citizens that early voting was now in progress until October 29, 1993 , at Sutherland' s, Sam' s or K-Mart, and the County Courthouse. He stated there were 16 Propositions to be considered and urged citizens to go out and vote. Councilor Hawkins suggested we help keep our city clean and that the area along I-44 between Maurine & 8th Street be checked for trash that collects along the median. Councilor Hawkins requested that the traffic light at the intersection of Enterprise and Sheppard Access Road be checked in order to avoid congestion on the south bound lane during midmorning hours. Councilor Hawkins mentioned the major gang problem in our city and the need to address this issue possibly through an ordinance and information to the public on how to deter gang activity. He requested that Chief Harrelson look into this. Chief Harrelson responded with an outline of various activities 408 Item 9b, cont'd. and programs which his department has implemented in the area of crime prevention. He stated that they are always looking for new ways to prevent crime. Councilor Martin suggested that a uniformed officer be visible throughout the day in the schools at unscheduled times, as a deterrent. Councilor Hawkins mentioned an accident which occurred last Friday on Riley Road and asked about liability in not providing emergency service to the ETJ area. Chief James stated they were required not to leave the city and explained their procedure in those situations. Mr. Humbach stated that it was not unusual to contract with a county to provide emergency service with the County paying for the services; and mentioned that we do not have a contract with the County. Councilor Martin asked about responding to grass fires. Chief James informed that we do not respond outside the city. The only contract with Wichita County is on hazardous material response. Councilor Hawkins requested that Chief Harrelson check into a new store :Located on Ninth Street catering to cults and devil worshippers. Councilor Thompson addressed the gang problem and mentioned the City of Altus, Oklahoma, curfew. He requested that our City Attorney obtain a copy of this curfew to acquire ideas for our City. He suggested that the Council make known their concern regarding the gang problem in our City. He suggested an open forum to discuss the gang problem. Mayor Lam concurred and stated that if the interest was there the Council was willing to conduct a forum in each district. Item 9c Nothing was presented under this item. Item 9d The City Council recessed into executive session at 10: 45 a.m. according to Article 6252-17, Sec. 2(g) , V.A.C.S. The meeting reconvened at 10: 54 a.m. Item 9e Councilor Hughes asked that appointments to the Wichita Falls Park Board be delayed in order to allow for more applications to obtain uniform representation in all the districts. Item 9f Moved by Councilor Hughes to appoint the following persons to the Mayors Commission on Status of Women: Olivia L. Roberson - Term expires September 30, 1994 Jo Ann Spomer - Term expires September 30, 1994 C. Lorel Whilhem - Term expires September 30, 1995 Charlotte R. Johnston - Term expires September 30 , 1995 and to reappoint the following persons: Doris Kelley, Bobbie Jones, and Carol Smeaton. Terms expire September 30 , 1995 . Motion seconded by Councilor Mallonee, and carried unanimously. 409 Item 9g Moved by Councilor Hughes to appoint Ms. Jessie M. Stewart as Library Advisory Board Chairman. Term expires May 31 , 1994. Motion seconded by Mayor Lam, and carried unanimously. The City Council adjourned at 10: 58 a.m. PASSED AND APPROVED this — day of J )kAkCA ,�, 1993 . Michael Lam, Mayor ATTEST: I-) q kkco I) Lydia Torres City Jerk .�y. .„ ,-