Loading...
Min 04/06/1993 260 Wichita Falls, Texas Memorial Auditorium Building April 6 , 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 David Farabee - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Roberto Ramirez , Scotland United Methodist Church. Item 3a Tony Kitchen, Fleet Maintenance Division, was honored as Employee of the Month for April. Mayor Lam presented him with a plaque, City of Wichita Falls pin, bus tickets, a check, and tickets to a dinner. Hank Grieb, with Christmas in April, encouraged support of the Council this Saturday to assist in their kickoff project. Item 4 Moved by Councilor Thompson that minutes of the meeting held March 16 , 1993 , be approved. Motion seconded by Councilor Farabee, and carried unanimously. Items 5a-7e Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 5a RESOLUTION NO. 53-93 RESOLUTION TO AMEND RESOLUTION 159-90 TO INCORPORATE LABORATORY CHARGES FOR DISSOLVED OXYGEN TESTS 261 Item 5b RESOLUTION NO. 54-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY ATTORNEY TO SETTLEMENT A PERSONAL INJURY CLAIM WITH FAYE K. SMITH; 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. 55-93 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR A REROOFING PROJECT AT THE MUNICIPAL AIRPORT Item 7 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - February 3 , 1993 b. Wichita Falls-Wichita County Public Health Board - February 19, 1993 c. Plumbing and Mechanical Board of Adjustments and Appeals - March 8, 1993 d. Planning and Zoning Commission - March 10, 1993 e. Park Board - March 25, 1993 Item 8a A public hearing was opened on the use of federal revenue sharing funds for replacement of the Memorial Auditorium roof. No one asked to be heard, and the public hearing was closed. Item 8b A public hearing was opened on an application for additional taxicab licenses for AAA Falls Cab Company. Alfred S. Tucker, 4205 Northwest Freeway, appeared as owner of the cab company. He stated they are experiencing an increased use of their cabs on the weekends. He stated they will have a vehicle for handicapped persons, along with other cabs. Mr. Tucker stated he would have three vans, and the seating would be in accordance with the ordinance. Claudio Ramirez, Jr. , 302 Fillmore, stated he also does not have enough cabs on the weekend. He also asked for ten additional cabs. Mayor Lam pointed out that the hearing today is on AAA Falls Cab Company. Mr. Berzina pointed out that the number of cabs is based on ""W need and necessity, and that we are under no obligation to numbers. If the Council receives requests for other cabs, it is their role to approve whatever they feel is needed in the community. No equality of numbers is mentioned. The public hearing was closed. Item 8c A public hearing was opened on hazardous structures. Ronnie Silbeck, 1106 Alma, stated he had just taken over this property, and needs more time. Jim King, Code Enforcement, stated there was a fire in this structure in January 1990, and only cosmetic work has been done. They have been unable to secure plans, etc. ; there is no warranty deed on this property. He noted they have had personal contact with Mr. Silbeck from their office. Mr. Silbeck stated he wanted to get the 262 Item 8c, cont'd. downstairs portion of the property completed by the fall school term. It was noted that 80-90 percent of this structure is charred, and it would have to be removed. Elton Martin, 1326 32nd, stated this property was given to bankruptcy court, and nothing can be done until it has been released. Mr. King stated their attorneys have been notified. The public hearing was closed. ORDINANCE NO. 21-93 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. Moved by Councilor Hughes that Ordinance No. 21-93 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9a ORDINANCE NO. 22-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. Moved by Councilor Thompson that Ordinance No. 22-93 be passed. Motion seconded by Councilor Hawkins. Tom Edmonson presented an overview of this grant on the numbers of people who would be assisted in rent, mortgage, and housing. The early intervention grant will be used for dental and medical assistance, and physicians. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9b ORDINANCE NO. 23-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL FUNDS FROM THE TEXAS DEPARTMENT OF HEALTH. Moved by Councilor Hughes that Ordinance No. 23-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. 263 Item 9b, cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9c ORDINANCE NO. 24-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS PROVIDING THAT CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, BE AMENDED TO ADOPT SECTION 4-9 , PROHIBITING THE POSSESSION OF ALCOHOLIC BEVERAGES AT THE KEMP PUBLIC LIBRARY AND GROUNDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Moved by Councilor Martin that Ordinance No. 24-93 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9d ORDINANCE NO. 25-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF KOVARIK ROAD, ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 40A OF MESA IRRIGATED FARMS Moved by Councilor Hughes that Ordinance No. 25-93 be passed. Motion seconded by Councilor Martin. Mayor Lam stated he will refrain from voting due to a conflict of interest. The motion carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins. Nays: None Item 9e ORDINANCE NO. 26-93 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE FOR LOT 1, BLOCK 40A, MESA IRRIGATED FARMS Moved by Councilor Thompson that Ordinance No. 26-93 be passed. Motion seconded by Councilor Hawkins. 264 Item 9e, cont'd. Councilor Martin stated he would like to see proper landscape designing to ease the storm water. Mayor Lam again announced he would refrain from voting. The motion carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None - - - - - - - Item 9f ORDINANCE NO. 27-93 AN ORDINANCE REZONING LOTS 15-22, BLOCK 1, TAYLOR SUBDIVISION, ( 1426 SIBLEY STREET) , WICHITA FALLS, TEXAS, FROM GENERAL COMMERCIAL (GC) TO HEAVY COMMERCIAL (HC) ZONE (CASE R-93-02 ) . Moved by Councilor Farabee that Ordinance No. 27-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9g ORDINANCE NO. 28-93 ORDINANCE INCREASING THE NUMBER OF VEHICLES FOR HIRE AUTHORIZED TO AAA FALLS CAB COMPANY Moved by Councilor Hughes that Ordinance No. 28-93 be passed. Motion seconded by Councilor Martin. Councilor Loughry commented that it seems we are limiting this man, and Mayor Lam stated it is regulated by the City because it is a service provided to the city. Service and operating methods need to be evaluated. Claudio Ramirez, Sr. , owner of All American Cab, stated that the demand for cabs is not limited to the other cab company. Each has its own customers. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9h ORDINANCE NO. 29-93 AN ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW AT THE NOTRE DAME HIGH SCHOOL 17TH ANNUAL SPRING FESTIVAL ON APRIL 30, MAY .1 & 2, 1993 . Moved by Councilor Martin that Ordinance No. 29-93 be passed. 265 Item 9h, cont'd. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9i ORDINANCE NO. 30-93 ORDINANCE APPROPRIATING FUNDS FROM HOTEL/MOTEL EQUITY TO REPLACE THE ROOF AT THE MEMORIAL AUDITORIUM Moved by Councilor Thompson that Ordinance No. 30-93 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9j ORDINANCE NO. 31-93 ORDINANCE MAKING AN APPROPRIATION FROM THE HOTEL/MOTEL FUND TO ASSIST IN SUPPORTING A WELCOME FOR REPRESENTATIVES FROM THE NATO NATIONS PARTICIPATING IN THE EURO-NATO JOINT TRAINING PROGRAM AT SHEPPARD AIR FORCE BASE Moved by Councilor Martin that Ordinance No. 31-93 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 56-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT OF TAX ABATEMENT AGREEMENT, AUTHORIZING THE TRANSFER OF FEE TITLE AND TAX ABATEMENT AGREEMENT FROM NORTHWEST TEXAS REHAB, L.P. (A PARTNERSHIP) TO REHAB CONCEPTS CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED B Y LAW. Moved by Councilor Hughes that Resolution No. 56-93 be passed. Motion seconded by Councilor Hawkins. Councilor Martin asked if we could require them in the tax abatement agreement to do business with local firms, or at least have an opportunity to bid, and Mr. Humbach stated he did not see any problem in including some language that they would give a good faith effort to allow everyone to bid, but we cannot tell them how to run their business. 266 Item 10a, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 57-93 RESOLUTION NAMING POLLING PLACES AND OFFICIALS FOR REGULAR CITY ELECTION ON MAY 1, 1993 Moved by Councilor Thompson that Resolution No. 57-93 be passed. Motion seconded by Councilor Hughes. Councilor Loughry asked why some of the voting precincts are shown in parts, and Mrs. Thomas explained that it is because the County has not re-drawn our precincts, and many of them do not have definitive lines. She further explained the problems we would be encountering in this election because of that. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 58-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT IN BLOCK 2 OF SPICER ADDITION, APPROVING THE APPRAISAL, 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. Moved by Councilor Hughes that Resolution No. 58-93 be passed. Motion seconded by Councilor Martin. Mr. Bonnett stated that he believes these buildings were permitted when built, but they were built over water lines. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10d RESOLUTION NO. 59-93 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO RE-NEW A CONTRACT WITH THE CHILDREN'S AID SOCIETY THAT WILL DESIGNATE EACH CITY FIRE STATION AS A "SAFE PLACE" Moved by Councilor Farabee that Resolution No. 59-93 be passed. Motion seconded by Councilor Hughes. 267 Item 10d, cont'd. Councilor Martin asked if this resolution is being utilized very much, and Chief James stated most of the time it is once a month, but last month, they had three. He stated that the Children' s Aid Society responds within ten minutes. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item lla Moved by Councilor Martin that the bid for the City' s annual supply of lubrication products be awarded to Grozier Mann Oil Company in the amount of $44, 650. 50. Motion seconded by Councilor Hughes. Buddy Henderson, Wichita Oil Company, and Mike Price, with Texaco, appeared. Mr. Henderson stated they do not have a dedicated truck for oil delivery. He stated he would not do anything to contaminate, and would like the opportunity to provide this truck. He stated they had intended to do this. Mr. Berzina stated it is his understanding that at the time bids were opened they had to have something in writing. Mr. Henderson stated he could provide a dedicated truck; it is just a matter of cleaning it. Robert Parker noted that the bid specifications require that oil products be delivered by oil truck. He checked Conoco' s and Sun Oil ' s requirements, and they both said they would not load oil in a truck that carried gasoline. The bid said it would be delivered by tank truck. They would not accept a gasoline truck for loading lubricant. He expressed concern about contamination in our underground storage tank and delivery lines. Mr. Berzina explained that he hopes they understand our concern about contamination. Mr. Henderson stated they would have a truck by the end of the week that is not contaminated. Mr. Price stated he is a Texaco engineer, and they do not let a distributor put oil in a gasoline tank. They wash it out and wait until it is completely dry. He did not think it necessarily stated they would have to state it would be washed out. They have strict guidelines if they use a gasoline truck for oil. Robert Parker stated it would have to be a dedicated lubricating tank; hoses included. Councilor Hawkins asked about insurance coverage by the company. Mr. Berzina stated contaminated tanks would be a major expenditure. He asked that the staff be given the opportunity to bring it back if it is not satisfactory. An amended motion was made by Mayor Lam that the low bidder be given an opportunity to provide satisfaction to the City by April 9 that they can deliver products so that tanks will not be contaminated, then it be put back on the agenda. Motion seconded by Councilor Thompson. Councilor Martin expressed that he has a problem with bringing it back at this time. Mr. Henderson stated they have a co-mingling contract and insurance. The amended motion carried by the following vote. 268 Item lla, cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: Councilor Martin Item 12a Moved by Councilor Hughes that authority be granted for the City to participate with other taxing entities to appeal the case of Sklan vs Wichita Appraisal District. Motion seconded by Councilor Hawkins, and carried unanimously. The Council recessed at 10: 00 a.m. , and reconvened at 10: 14 a.m. Item 12b Vernal L. Huffines, with Mathis, West, and Huffines, presented the annual audit report. He noted that a Certificate of Achievement was issued to the City last year. He noted that total assets increased by 8. 4 million. Expenditures in the general fund went down $400,000. Liabilities increased by 4. 2 million. Mayor Lam expressed appreciation for their work and the confidence they have in the validity of their answers. Item 12c A discussion was held on smoking policies in City buildings. Mr. Berzina explained that an in-house committee had been appointed, and they are still in the process. He reported that most of the work has been reduced to a minimum. A request had been made that we go ahead and take action on banning smoking in the Health Department building. The Health Board' has recommended this, and the committee is ready to make a recommendation that smoking be banned at the Health Department. Designated smoking areas were previously made for various buildings. It should be brought back to the Council on other buildings. other information will be brought to the Council as it is available. Mayor Lam confirmed that the City Manager' s direction will go forward. Item 12d Discussion was held on possible implementation of change in personal appearance ballot application procedures. Mr. Berzina pointed out that some discussions about proper procedure to deal with a voter when they come in have taken place, and there is also some disagreement as to what the state law says. Councilor Martin read from a memo from Mr. Humbach to the Council in which it was stated that the person he talked to (in the office of the Secretary of State) commented to him that in his personal opinion we should assist the voter by making it as easy as possible to vote, and, that means that particularly the elderly people coming in we should do all the necessary paperwork for them. Councilor Martin also cited Section 85. 031(b) of the Texas Election Code that states a signature roster is not required to be maintained at the early voting polling place, and he thinks we should be uniform with the voting throughout the County in this. He recommends the City follow the same procedure as the County in filling out the entire voter' s application, except for signature. Mayor Lam commented that we ' re saying that the State really doesn' t give direction on which way you go, that it is kinda up to us. Mr. Humbach agreed, stating that the language is that 269 Item 12d, cont'd. the voter shall make application for a ballot, and what does that mean? In his opinion, it means that it is optional that we can certainly provide the assistance in the application process. Mayor Lam agreed with Councilor Martin that we are looking at making it easy for a person to vote, but we also need to look at the possibility of speeding up the process. He asked Mrs. Thomas if she had any comments. Mrs. Thomas asked for permission to read some of the Texas Election Law regarding this matter into the record, along with a letter from the Office of the Secretary of State. Permission was granted by the Mayor. Mrs. Thomas quoted from Section 84. 001(a) , (b) , and (e) , which provides that to be entitled to vote an early voting ballot, a person who is eligible for early voting must make an application for an early voting ballot as provided by this title. An application must be in writing and signed by the applicant. A person who has not made an application as provided by this title is not entitled to receive an early voting ballot. Section 84. 006, making application for ballot voted by personal appearance, states that an applicant for a ballot to be voted by personal appearance must make an application at the early voting place when the applicant desires to vote. In Section 85. 031(b) , (c) , on the polling place procedure, Accepting the Voter, Mr. Martin mentioned that it says a signature roster is not required to be maintained at an early polling place, and that is correct. We do not keep a signature roster at the polling place, but the only thing it says in the Texas Election Law, unless you are assisting someone to vote, about the Clerk writing anything on the application is this: If an applicant does not enter the applicant ' s voter registration number or County election precinct of residence on the application, or enters an incorrect number or precinct, the Clerk shall enter the appropriate information on the application before permitting the applicant to vote. Mrs. Thomas also read from the letter from the Office of the Secretary of State, which states that a voter is responsible for completing the application required by the Texas Election Code for either voting by personal appearance (Sec. 84 . 006 ) or by mail (Sec. 84. 001) . If a voter is entitled to assistance under the Code (Sec. 85. 035 for personal appearance or Section 86. 010 for mail) a single election official may render such assistance. To be eligible for assistance, the voter must be unable to prepare the ballot (or his application, of course) due to a physical disability that renders the voter unable to write or see; or an inability to read the language in which the ballot is written (Sec. 64 . 031) . He goes on to say that the voter is, therefore, responsible for completing the information on the Combination Form unless entitled to assistance. The letter is signed by the Deputy Assistant Secretary of State. Mayor Lam asked Mrs. Thomas if all this means that it is her position that we would not be allowed to fill in his name on that signature page, and she responded by saying she believes this is what it says, unless we are assisting them if they have a handicap or something. She also confirmed that she was reading from the Texas Election laws. Councilor Martin also noted that coming right back from the election division they say they have no opinion on it, and that we can do that if we desire, and he thinks it is desirable that we do that. He stated he thinks we have that authority; that this body right here has the authority to make that decision, and he is for making our voting as simple and as easy as possible, and we are not violating any laws that he reads in the election code as presented to him. Councilor Hawkins supported Councilor Martin on this, stating you can' t read their writing half the time even when they are printing their name. He stated he believes it is very important for the City' s record keeping that we have the clerks 270 Item 12d, cont'd. enter everything on the combined form with the exception of the place where they sign, and initial if they do not have their cards with them. Councilor Hughes asked if we actually have a contradiction on the State level of what they're saying the law is, and Mr. Humbach stated that' s exactly right. He further stated they have received the opinion of two attorneys in that department. There is no case law, obviously, but his opinion is that it is a permissive procedure. Mrs. Thomas had just one more question, stating certainly she would do whatever their direction is, but with this election coming up, and the difficulties we are going to have anyway, and it taking a lot more time, she asked if they might want to consider starting this procedure this time or next time, and Councilor Hawkins felt we should start it this time because the County is also doing it; Councilor Hughes favored going forward with it until we ' re told not to. Mayor Lam gave the direction of the Council to the City Clerk to do the filling in on the applications, except the signature of the voter, and his initials where they don't bring their voter registration card, and change our procedures on this election. Mrs. Thomas acknowledged that she had their direction. Item 12e The resident at 1807 Speedway stated there is no parking on the South side of the street. He requested that speed limits be posted. Additional police patrol was also requested. Ben Shirey, 1201 Shoreline, Lakeside City, stated he is representing the Committee to Save Lake Wichita. They have a petition signed by persons wanting to save the lake. He stated that a depth of three and one-half feet is not sufficient to keep from destroying growth. He stated that most people do not know that the lake will be drained, and most do not know that when it is filled it will only be three and one-half feet deep. He stated they are committed to saving the lake, and will go to whatever lengths necessary to do this. Mayor Lam emphasized that obviously the City had a tremendous flooding problem, and we asked the federal government for assistance. It has saved many million dollars in property damage. He believes the City of Wichita Falls has acted wisely. The future of the configuration of Lake Wichita is a concern of the Council and citizens of Wichita Falls. He noted the monetary constraints. He stated they are committed to making Lake Wichita the best lake possible after the flood control is completed. Their priority is to have a Lake Wichita of some kind. It will not be the same lake we have known in the past. He stated they want to join with him in looking at all possibilities for this lake. They will have to ask the citizens of this community if they want to commit tax dollars. Mr. Berzina stated we could not have done this ourselves financially, and they had some dictatory requirements on the channel and dam. The cost benefit ratio had to be considered. Mr. Bonnett applauded Mr. Shirey' s interest, stating they stand ready to work with whatever group the Council deems appropriate. Mr. Shirey stated this committee is going forward with their plans. They are not against flood control, but are willing to work with the City in making the lake a better facility. Mayor Lam offered input from the City as needed. He stated he would get a committee formed, and suggested that Mr. Shirey provide him with five names, and he would name six. 271 Item 12e, cont'd. Councilor Farabee noted it will cost 1. 6 cents if it is just handled by a tax increase, stating it is very difficult to justify a tax increase of more than 1. 5 cents. Bill Hagler, Lakeside City, stated their interest is for the lake, and not on a personal basis. He does not think it will cost millions of dollars of the taxpayers ' money to make a good lake and still provide flood protection. He suggested they give Lake Wichita a chance. Leon Sanner, 5007 Lakeshore Drive, stated he would like to see the lake hold a couple of feet of water before it goes over the spillway. Item 12f Councilor Thompson applauded the citizens who have come forward about Lake Wichita. Councilor Thompson suggested that Troy Jensen and Wilma Thomas put together some public service announcements to eliminate some confusion about the voting precincts where people will vote in the City election. Councilor Thompson mentioned a lack of enforcement and beautification in cleaning up the community. He noted there is a continuous sale of drugs in East Lynwood Park. He would appreciate anything the police department can do. He also mentioned loitering, asking if we had arrested anyone for loitering. Councilor Hawkins favored the public service announcements. He also commented that the National Guard is going to take on a larger role with downsizing the military. He mentioned a longer military leave time for police and fire employees. He stated this is not the same type of job as building a house, etc. Councilor Hawkins also asked about the State ' s plans on improving Highway 890. He also mentioned breakaway light poles on Seymour Highway, and trees being planted behind them. Mr. Berzina addressed the City and the National Guard, stating that we provide up to fifteen days per year for guard duty. In a lot of places they deduct the difference in their salary. We do not do that. We allow them to keep both monies. We have to have the flexibility to move these people from place to place. He requested that the staff be allowed to assign and schedule their people. Some of these guard duties are more than fifteen days. First and foremost, they are a police officer. He stated he is aware of some of the problems, and they are trying to work them out. Councilor Hawkins suggested this is an area we need to be more cognizant of on Saturday and Sunday duty in the Guards. Councilor Martin joined the citizens in Wichita Falls in saving Lake Wichita. He still favors supporting it for recreational purposes. He also commented on the gang problem, stating we should use whatever necessary to correct it. Councilor Martin commented on the Reserve situation, stating it is not a secondary job, but something we entered into an agreement with the Department of Defense. He does not want to see any changes made, and wants to leave it in force like it is. 272 Item 12f, cont'd. He also mentioned an SBA subcontractors marketing conference on May 3 in Dallas, if anyone wants to attend from this area. Councilor Loughry commented that he is still looking for the information on the 4-10 Plan. Mr. Berzina stated they would have it in a couple of days. He also asked about dispensing machines in the dispatcher area for breaks. Chief Harrelson stated they have the necessary equipment for them to cook their own food. Councilor Loughry stated that there are trees blocking the turning view from Seymour Highway to Polk. Also on Bluebonnet at Seymour Highway and Kemp, he suggested markers for right turns. He also noted a ditch at 4400 Prince Edward, and also asked about a bus from the RV Park to the mall. Councilor Loughry also asked how we went to the third low bid to PA Chevrolet on police cars. Mayor Lam requested that each council member contact someone in their district to represent the lake committee. He and Councilor Farabee will select the other member. Mayor Lam noted that he visited with a representative from Mexico on a future Sister City. He was willing to do this, stating there are several cities of similar size near him. Item 12g Mr. Berzina handed out the wage scale reports. He also introduced David Clark as the new Director of Community Development, from Decatur, Illinois. He has extensive experience in Planning, Community Development, and Inspection. Mr. Clark stated he is looking forward to working with this City, and introduced Steve Seese and Catherine Fitsch as new staff members in Planning and Housing. Mayor Lam commented that Mr. Humbach noted that an executive session is not necessary today, and asked him to report on the outcome of the case of Smith vs City of Wichita Falls in the suit of three police officers over promotions. The Court found as a matter of law that the City Council did not violate any of the provisions of the Civil Service law. Their motion for back pay was also denied. They did not find that the City had illegally filled a classified position. They did enjoin the City to not allow a civilian to supervise classified personnel, and they found the City is not liable for attorney' s fees. The City Council has been vindicated. The City Council adjourned aft/ 11 : 40 a.m. PASSED AND APPROVED this A`l day of 1993 . A Mic'liael Lam, Mayor ATTEST: i Wilma J. tfiomas, CMC/AAE City Clerk �.�s.: