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Min 02/16/1993 234 Wichita Falls, Texas Memorial Auditorium Building February 16 , 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 David P. Williams, East Side Baptist Church. Item 3 Moved by Councilor Farabee that minutes of the meeting held February 2 , 1993 , be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 4a-6d Item 5a was moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. 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 4a RESOLUTION NO. 22-93 RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON TAX ACCOUNTS # 2303-075-0200 & 2303-075-0300 . Item 4b RESOLUTION NO. 23-93 RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON TAX ACCOUNTS AS LISTED ON THE ATTACHED REPORT. Item 5b The bid for one, 35 cubic yard hydraulic loading packer body was awarded to Davis Truck and Equipment, in the amount of $38, 540 . 235 Item 5c The bid for a four wheel drive rough terrain excavator was awarded to Construction Agricultural Supply Company in the amount of $121,127. Item 6 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - January 6, 1993 b. Library Advisory Board - January 26 , 1993 c. Park Board - January 28, 1993 d. Commission on Human Needs - February 1, 1993 Item 5a Moved by Councilor Hughes that the bid for one, 55 , 000 GVW cab and chassis be awarded to Hodges Truck Center, Inc. , in the amount of $63 ,543 . Motion seconded by Councilor Martin. Councilor Hawkins stated he was concerned about some of the restrictions placed on this bid, asking why two engines? Robert Parker explained that some engines work better in this type of operation than others, and this is the reason they limited it to the two they knew would be compatible. He noted a stack of work orders and a history of certain engines used in the past. He noted most of the big companies can meet the specifications, but some price themselves out. Specifications are developed from the computer and any information they can pick up from the companies. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Hawkins Item 7a ORDINANCE NO. 8-93 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 45A, MESA IRRIGATED FARMS Aft Moved by Councilor Thompson that Ordinance No. 8-93 be passed. 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 7b ORDINANCE NO. 9-93 ORDINANCE APPROPRIATING $30 , 000. 00 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM 236 Item 7b, cont'd. Moved by Councilor Hawkins that Ordinance No. 9-93 be passed by changing the budget unit number to 11-833 . Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 10-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF KOVARIK ROAD, ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 45A, OF MESA IRRIGATED FARMS Moved by Councilor Hughes that Ordinance No. 10-93 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 7d ORDINANCE NO. 11-93 ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES TO ESTABLISH A NON-RESIDENT LIBRARY CARD FEE AND PENALTIES FOR DETAINING LIBRARY MATERIALS Moved by Councilor Farabee that Ordinance No. 11-93 be passed. Motion seconded by Councilor Hughes. Linda Hughes, librarian, addressed non-resident use at the library, stating it is ten percent of the data base. Councilor Hawkins asked how many of these people own property in the City, and Mrs. Hughes stated there is no way at this time they can track whether they own property in the City of Wichita Falls. She stated they would ask for a tax receipt. Mr. Dockery noted that they checked with the Tax Department to see how they could j determine if they were a taxpayer in Wichita Falls, and it would be just a matter of a telephone call to the tax office. The library card is good for three years, and they won' t all be coming in at the same time. Councilor Martin commented that he cannot see any difference in whether a person owns property in the city or not because he is still a non-resident. Mayor Lam felt they were only looking at a small percentage, and he concurred with the ordinance. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: Councilor Hawkins 237 Item 7e ORDINANCE NO. 12-93 ORDINANCE WAIVING SECTION 22-91 OF THE CODE OF ORDINANCES PERMITTING THE S. I.D.S. RENTAL OF THE SOFTBALL COMPLEX WITHOUT PAYING PERCENTAGE OF SALES FEES. Moved by Councilor Farabee that Ordinance No. 12-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7f ORDINANCE NO. 13-93 ORDINANCE WAIVING SECTION 22-1(a) ( 9 ) and SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES Aft DURING A RUNNING EVENT ON MARCH 20 , 1993 IN HAMILTON PARK. Moved by Councilor Hughes that Ordinance No. 13-93 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 7g ORDINANCE NO. 14-93 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES ENTITLED "TRAILERS AND TRAILER PARKS, ETC. , " AT SECTION 30-10. 3 (a) ( 3 )c, TO ESTABLISH PROCEDURES FOR RV PARK VISITORS WHO REQUEST STAYING BEYOND THE THREE-DAY LIMIT; PROVIDING FOR INCLUSION INTO THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 14-93 be passed. - Motion seconded by Councilor Hughes. Councilor Thompson asked how often they receive a request for an extension, and Mr. Murphy stated about six times a year. He stated they are not half full most of the time. It is close to a break even operation at $5. 00 a night. Councilor Hawkins commented that he is amazed at how well known this RV Park is. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None cj, k " T q ( YY S91HOSS333v. • Sluv 1101, IW I,Z Lj7-ZZE-L Le • 17009L sexej -slie N S NI ST 1SAS 238 Item 8a RESOLUTION NO. 24-93 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION AND TO EXECUTE AGREEMENTS WITH THE TEXAS URBAN FORESTRY COUNCIL FOR MATCHING TREE GRANT. Moved by Councilor Farabee that Resolution No. 24-93 be passed. Motion seconded by Councilor Thompson. Councilor Thompson asked about replacement of trees on Sheppard Access Road, and Mr. Murphy stated they already have been replaced. Councilor Farabee commented that Don Kirkham would be pleased that some of these trees are going in District i 5. Councilor Hawkins asked about the size of the trees, and stated he feels this grant should go to the federal government to help save money. Councilor Farabee noted that he certainly would not turn down money for the City' s infrastructure, streets, etc. , and this tree grant is just another similar situation. Councilor Martin asked about improvements in Edgemere Park, and Mr. Murphy stated they have just maintained it. None of the trees are going to that park. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Martin Nays: Councilors Loughry and Hawkins Item 8b RESOLUTION NO. 25-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY ATTORNEY TO SETTLE CAUSE NO. 137, 838-B, STYLED DAVID C. IDE VS. THE CITY OF WICHITA FALLS; 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. 25-93 be passed. j 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 8c RESOLUTION NO. 26-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPLY FOR FOURTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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. 26-93 be passed. Motion seconded by Councilor Thompson. Sergeant Jerry Riley, Commander of the North Texas Regional Drug Task Force, reported on the activities of the drug task 239 Item 8c, cont'd. force from its inception, stating this is the first year they have been self sufficient. He stated they were successful in breaking up a marijuana drug smuggling operation from E1 Paso to North Carolina. At one time they were headquartered in Vernon. Most of the arrests now are coming from crack cocaine. Mayor Lam commended Sergeant Riley and the task force for a good job. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8d RESOLUTION NO. 27-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS CALLING FOR A REGULAR CITY ELECTION ON MAY 1, 1993 ; 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. 27-93 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 8e RESOLUTION NO. 28-93 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH HARPER/PERKINS ARCHITECTS FOR THE LUCY PARK NATURE CENTER Moved by Councilor Hughes that Resolution No. 28-93 be passed. Motion seconded by Councilor Martin. Councilor Thompson asked about a basic drawing of the proposed nature center, and Mr. Berzina explained that it will come later. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8f RESOLUTION NO. 29-93 A RESOLUTION OF THE CITY COUNCIL OF WICHITA FALLS DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH TEXACO PIPELINE INC. REFINING AND MARKETING COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN (7) YEARS. 240 Item 8f, cont 'd. Moved by Councilor Martin that Resolution No. 29-93 be passed. Motion seconded by Councilor Farabee. Mr. Humbach stated they plan to increase their tank farm. It will be for the storage area adjacent to the present storage area. Anything additional would have to be initiated by Texaco. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8g RESOLUTION NO. 30-93 A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF TU ELECTRIC SERVICE AREA CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE STEERING COMMITTEE TO INTERVENE ON BEHALF OF THE CITY OF WICHITA FALLS IN THE TEXAS PUBLIC UTILITY COMMISSION TEXAS UTILITIES ELECTRIC COMPANY RATE CASE, RURAL CASE (PUC DOCKET NO. 11735 ) , AND RELATED DOCKETS; SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TEXAS UTILITIES ELECTRIC COMPANY Moved by Councilor Martin that Resolution No. 30-93 be passed. Motion seconded by Councilor Hughes. Ron Bullock, 4711 Eldorado, appeared as District Manager for TU Electric, requesting a rate increase. The last rate increase was 10 . 2 percent. He discussed elements that cause them to ask for a rate increase, such as state and local taxes, annual costs for post retirement benefits, customer growth, and other factors. This is the reason we need Comanche Peak. He stated that they refinanced over $200 million debt, and their operating and maintenance expense is among the lowest in the industry. He stated it may be true that they are not competing well with small coops in Texas. He stated they serve major corporations with high loads needed. He stated if new rates are accepted, it will increase from $75 to $86 . 00 a month. The average in the twenty five largest cities is $91 . 00. He stated the regulatory lag is about two years to get a rate case passed. Mayor Lam commented that they would hope that these rates could be held firm for the next five years. Mr. Bullock agreed, stating capital costs are essentially out of the way with Comanche Peak on line. Councilor Farabee asked for a response to concerns of people who say their budgets will not take any more. Mr. Bullock stated he would really understand this kind of situation. His response would be a typical response in looking at cost versus value. He would also look at comparative costs, stating it is among the cheapest in the nation. They are asking for a 15. 66 percent rate increase. If it is too high for their budget, then they are asking them to bear another set of problems. Companies cannot act as a social agency. They have to act as a business. The PUC will hear this case. It is paid for by the utilities of Texas. Essentially, the PUC is paid for by the people. The PUC would be the correct forum to hear this. Mayor Lam noted that the item today would suspend the rate for 90 days. The rate will ultimately be decided by the PUC. 241 Item 8g, cont'd. J. C. Boyd, Jr. , 1613 Easy Street, appeared as President of the local chapter of AARP. He stated that the entire group of 90 persons present at the last meeting was opposed to this rate increase. He presented a petition to the Council with 66 signatures. They endorse what the Council is doing. He also congratulated Chief Harrelson and his department for the crime having gone down. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None . , Item 8h RESOLUTION NO. 31-93 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WICHITA COUNTY FOR A REGIONAL RESPONSE FROM THE WICHITA FALLS FIRE DEPARTMENT HAZARDOUS MATERIALS RESPONSE TEAM Moved by Councilor Martin that Resolution NO. 31-93 be passed. 14 Motion seconded by Councilor Hughes. Mr. Berzina explained that this is a contract in line with other contracts we have with the County. He briefly noted various provisions in the contract. Chief James stated they tried to make the contract as liveable as possible for both parties. It would probably be used four or five times a year. Councilor Hughes mentioned reimbursements, asking if a cost factor should be included for the City' s cost on retirement, etc. , and Chief James stated the County would be responsible for call in costs for wages. Councilor Hughes expressed concern that all salary and related overhead costs be included in the contract. Chief James stated it does not include retirement benefits. Mayor Lam requested that the contract include in wages the entire cost and benefits. Councilor Martin noted he is glad to see the County and City work together in mutually benefited programs. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9a RESOLUTION NO. 32-93 RESOLUTION TO AWARD BID TO KENT METERS, INC. AND SCHLUMBERGER INDUSTRIES FOR ANNUAL SUPPLY OF WATER METERS Moved by Councilor Martin that Resolution No. 32-93 be passed. Motion seconded by Councilor Hughes. Councilor Hawkins asked how they determined that certain meters will be pulled, and it was stated that it is by the date of service. They are turned in and scrapped out. No tests are made on them. It is cheaper to buy the new meter. 242 Item 9a, cont 'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a Linda Kay Tingle, 1011 Westerly, requested a waiver of the animal control ordinance regarding the number of animals she has. She stated her neighbor turned her in. She stated she is a hobby breeder. It was pointed out that this ordinance cannot be waived. Mayor Lam noted that they are unable to give her any relief on this. A maximum of six animals is all that is permitted. Item 10b Councilor Thompson requested that the name of Collard Street be changed to Otis Polk Drive. Mayor Lam noted that the staff would look into it, and prepare the documents. Councilor Hawkins noted an air control board meeting at the Activities Center concerning the hot mix plant in District 5. Mr. Bonnett stated they would have a monitor present. Councilor Hawkins noted an area at Missile Road and Highway 240 where water stands, and suggested it be looked at. He also commented that the Food Lion on Airport Drive has become the most used grocery store in town and is being supported by citizens in Districts Two and Five. Mrs. Thomas addressed the requirements for filing for Council positions, at Councilor Farabee ' s request. Councilor Martin requested that Mr. Murphy try to come up with a plan for a walkway along Holliday Creek for a hike and bike trail. He also mentioned consideration of cellular telephones in the cars of police sergeants and supervisors. He also reported on crime statistics in 1992 in various parts of town. Councilor Loughry stated he is in favor of getting a local person to bid on police cars, but not in favor of manipulating numbers. He also noted that when the Council voted on the budget in 1992, an additional floating holiday was suggested. Mr. Berzina noted that it did not get past the suggestion stage. Mayor Lam noted it was not approved in the budget. Councilor Loughry also mentioned that Mrs. Stricklin is still looking at information on stop loss. Councilor Hughes stated that he believes it is proper for the staff to bring them total costs on any project, including labor, down time, travel, etc. This is the responsible way to do it. Item 10c Mr. Berzina mentioned projects on various subjects, stating that Mr. Bonnett will make a report at the next meeting. 243 Item 10c, cont'd. Councilor Thompson asked Chief Harrelson to further report on the crime picture which Councilor Martin mentioned. Chief Harrelson explained that he could give him further information on it if they sat down and looked at the numbers. Overall, the crime rate has dropped. Councilor Martin noted that the crime is citywide, not just on the East side. Item 10d The City Council recessed into executive session at 10: 25 a.m. , according to Article 6252-17, Section 2(g) V.A.C.S. The meeting reconvened at 10: 50 a.m. 1"0%,. Item 10e Moved by Councilor Hughes that Monty Monson, Milburn Nutt, and Dr. Larry Gunnell be reappointed to the Aviation Advisory Board for terms to expire December 31, 1995. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes and Martin Nays: Councilors Loughry and Hawkins Item 10f Moved by Councilor Hughes that the following be appointed to the Eastside Revitalization Committee for the duration of the committee: James Welburn, Potter Bowles, Rosalind Maley, Ben Valadez, Kathie Davis, Henry White, Henry Pothast, J. C. White, Brenda Jarrett, James Williams, and John Parker. Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 10: 55 a.m. PASSED AND APPROVED THIS DAY OF / �.�� 1993 . V ichael Lam, Mayor ATTEST: r / ilma J. Thomas, CMC/AAE City Clerk