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Min 02/02/1993 228 Wichita Falls, Texas Memorial Auditorium Building February 2 , 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. Paul Hughes - Mayor Pro tem David Farabee - Terrance E. Loughry - Angus Thompson - Councilors J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Michael Lam - Absent The invocation was given by Dr. Robert Jeffress, First Baptist Church. Item 3a Kevin Wayne Breeden, Utility Equipment Services, was honored as Employee of the Month for February. Mayor Pro tem Hughes presented him with a plaque, City of Wichita Falls pin, bus ticket, check, and tickets to a dinner. Mayor Pro tem Hughes presented a proclamation on Dental Health Month. Item 4 Moved by Councilor Farabee that minutes of the meetings held January 19 and 26, 1993 , be approved. Motion seconded by Councilor Martin, and carried unanimously. Items 5a-7e Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Pro tem Hughes, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 5a RESOLUTION NO. 19-93 RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON TAX ACCOUNTS AS LISTED ON THE ATTACHED REPORT. 229 Item 6a The bid for fire retardant station wear was awarded to Casco Industries in the amount of $26,550. Item 6b The bid for one 300 gallon per minute pumper was awarded to Casco Industries in the amount of $68 ,755. Item 7 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - December 2 , 1992 b. Planning and Zoning Commission - January 13 , 1993 C. Commission on Human Needs - January 16, 1993 d. Zoning Board of Adjustment - January 20, 1993 e. Cable Television Advisory Committee - January 27, 1993 Item 8a ORDINANCE NO. 5-93 AN ORDINANCE REZONING A 1 . 95 ACRE TRACT OF LAND AT 3324 VALLEY VIEW ROAD (LOTS 1 & 2, BLOCK 1, KING SUBDIVISION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY .1066 RESIDENTIAL-2 (SF-2) ZONE, TO MULTI-FAMILY RESIDENTIAL (MFR) ZONE (R-93-01) Moved by Councilor Thompson that Ordinance No. 5-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Pro tem Hughes, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8b ORDINANCE NO. 6-93 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS PROVIDING THAT THE CODE OF OR ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, BE AMENDED BY ADDING SECTION 27 TO CHAPTER 20, PROHIBITING THE MANIFESTING FOR THE PURPOSE OF SELLING ILLEGAL DRUGS AND CHEMICALS; 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 Amok AS REQUIRED BY LAW; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Moved by Councilor Thompson that Ordinance No. 6-93 be passed. Motion seconded by Councilor Hawkins. Mr. Humbach commented on the reason this ordinance is on the agenda, stating that East side residents had requested something of this nature to assist in getting open solicitation of drugs off the street. Billy Henderson, 4428 Prince Edward, and President of the Police Officers Association, noted a problem he sees in the one year provision in Section 1(c) , noting that a person may not go to trial until the next year. It was suggested that it be changed to three years. 230 Item 8b, cont'd. Chief Harrelson supported the ordinance to assist in combatting crime. Councilor Loughry asked what happens if it is declared unconstitutional, and Mr. Humbach stated they would do the same thing as they would with any other ordinance; they would defend it. It has not been challenged thus far. He also explained the fine involved. Jim Finley, Assistant City Attorney, clarified Section 1(b) for Councilor Martin, stating that whenever someone is charged with a higher crime, the lower court dismisses the lower charge and tries them on the highest level of crime. The crime can be upgraded if the officer can prove he missed the evidence on the first charge. He also addressed a question by Councilor Hawkins about the affect the fine will have on setting the bond, by stating that it is to the discretion of the trial judge. It usually goes to the maximum fine. An amended motion was made by Councilor Hawkins to pass the ordinance by changing the one year to three years in Section 1(c) . Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Pro tem Hughes, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 7-93 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING SECTION 20-25 OF CHAPTER 20 OF THE CODE OF ORDINANCES, CITY OF WICHITA FALLS, TEXAS, BY INCREASING THE PENALTY FOR THOSE PERSONS MANIFESTING IN A PUBLIC PLACE FOR THE PURPOSE OF ENGAGING IN PROSTITUTION; 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. 7-93 be passed. Motion seconded by Councilor Martin. Mr. Humbach explained that prostitution affects the public health, and fines can be increased for this reason. Councilor Thompson felt that a fine should be levied on all parties. Mr. Humbach noted that a state law addresses this, and the police department enforces state law. Councilor Loughry noted costs for arrest as opposed to the fines, and Mr. Humbach commented that if they are sitting in jail they are not out there plying their trade. The motion carried by the following vote. Ayes: Mayor Pro tem Hughes, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None I' Item 9a - - - - - - - RESOLUTION NO. 20-93 RESOLUTION TO AWARD BID TO B. W. STRAYHORN COMPANY FOR EXCAVATION WORK ON LAKE ARROWHEAD RAW WATER PIPELINE Moved by Councilor Martin that Resolution NO. 20-93 be passed. 231 Item 9a, cont'd. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Pro tem Hughes, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10a The amnesty period for delinquent Lake Kickapoo leases was discussed. Moved by Councilor Martin that those who have not paid their Lake Kickapoo lease from October 1, 1991 to February 12 , x..n 1993 , be permitted to renew the lease at the same rate if they catch up back payments and pay a late fee of $10. 00 for each month they were overdue. After February 12, 1993 , they do not meet the requirements, and will not be able to be reinstated under this lease. Motion seconded by Councilor Thompson. Mayor Pro tem Hughes noted the reason for this action. Councilor Hawkins suggested that since they will have to pay a late fee for February anyway, that the ending date be February 28 , 1993 . Moved by Councilor Hawkins that the ending date be changed to February 28, 1993 . Motion seconded by Councilor Loughry, and carried unanimously. The overall motion for reinstatement of delinquent leases carried unanimously. Item 10b Steve Atkinson, 4320 McCutcheon, stated he is an auctioneer licensed by the State of Texas. He asked about the procedure for selecting an auctioneer for the City. Mayor Pro tem Hughes asked the City Manager to give them a report on it. Councilor Martin noted that wrecker service is on a rotation basis. Item 10c Councilor Thompson congratulated Roger McKinney on his new position as City Manager at Commerce, and wished him well. He also noted that the State is trying to balance the budget, and we should convey to our representatives that the balance will not be to the expense of the cities with additional fees. They should find some other way than raise fees to the citizens of Wichita Falls. Councilor Hawkins asked what could be done about hearing an agenda item that received a motion, but no second. He stated that he had discussed this with his advisors, and feels it should get a motion and second. Mr. Humbach stated that they follow Roberts Rules of Order. He noted they could look at it to see what could be done. Councilor Thompson pointed out that when a motion is not seconded , it could save that person some embarrassment. Mr. Berzina pointed out that they might be giving up something that sends a message; if they keep bringing it back the winds will change. You would have to weigh all of this. Councilor Farabee asked Jack Murphy about the availability of selling a City cemetery. Mr. Berzina stated that someone 232 Item 10c, cont'd. approached them about buying one of them, but that is the one where we are making the money. They have set up a perpetual care fund to take care of maintenance later. The City is not responsible for tombstones and maintenance of same. Mr. Humbach stated he would look into whether a perpetual care fund would go with the sale of the cemetery, along with restrictions, etc. Councilor Martin wished Roger McKinney well in his new job. Councilor Loughry noted that Lucille Street is rough between Brook and Grace Streets. He also asked about requirements on placing a liner at the landfill. He mentioned contacting state legislators about cuts in funding, and also wished Mr. McKinney well. Mayor Pro tem Hughes pointed out that it is very important to keep up with what the State is doing to fix their budget. Citizens really need to get involved to urge that fees not be raised to the cities. He also wished Mr. McKinney and his family well in Commerce. Mayor Pro tem Hughes asked about the length of time to process claims, and Mrs. Stricklin noted they have a new staff member due to promotion of another person. There has also been a lot of flu. They are running from one to two weeks behind in claims. There is not an excessive number of claims being processed within this two week period. If there are problems with a claim, such as it not being detailed from a doctor, or delayed by a doctor, it may take from 30 to 60 days. If an employee has a problem, she will be glad to inquire about their particular situation if they will contact her. Item 10d Mr. Berzina noted that the cemetery gate has been repaired. He congratulated Mr. McKinney, and wished him well, and thanked him for many years of very good work. Mayor Pro tem Hughes noted that the Mayor is out of town, and wished him well on his trip. Item 10e The City Council recessed into executive session at 9: 36 a.m. , under Article 6252-17, Section 2(g) V.A.C.S. The meeting reconvened at 10 : 25 a.m. Item 10f Moved by Councilor Thompson that the following be appointed to the Traffic Safety Commission, for terms as indicated. a. Joe McDonnell - December 31, 1996 b. Cyndi Schenk - December 31 , 1996 C. Isaac Gibbs - December 31, 1996 d. J. D. Sanders - December 31, 1996 e. Annette Satre ( alternate District 2) -December 31, 1995 f. Mike Duncan (alternate District 3 ) - December 31, 1995 233 Item 10f, cont'd. Motion seconded by Councilor Martin, and carried unanimously. Item 10g RESOLUTION NO. 21-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS NOMINATING TWO MEMBERS TO SERVE ON THE APPRAISAL REVIEW BOARD OF THE WICHITA COUNTY APPRAISAL DISTRICT; 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. 21-93 be passed, nominating Robert Schleider and Bobby Schaaf. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Pro tem Hughes, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None The City Council adjourned at 10: 27 a.m. PASSED AND APPROVED THIS /�/DAY OF 19 Michael Lam, Mayor ATTEST: Wilma J. omas, CMC/AAE City Clerk