Min 01/19/1993 216
Wichita Falls, Texas
Memorial Auditorium Building
January 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
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 Carol Gibson, Mount Calvary
United Methodist Church.
Mayor Lam presented a proclamation on Right to Life Week.
Item 3
Moved by Councilor Thompson that minutes of the meeting
held January 5, 1993 , be approved.
Motion seconded by Councilor Hughes, and carried
unanimously.
Item 4a-7a
Item 5b was moved to the regular agenda.
Moved by Councilor Martin 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. 8-93
RESOLUTION TO APPROVE U. S. GEOLOGICAL SURVEY FOR
OPERATION AND MAINTENANCE OF STREAM FLOW AND
RESERVOIR-CONTENT GAUGING STATIONS
217
Item 4b
RESOLUTION NO. 9-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH MICHAEL FELTCH ACROSS
PORTIONS OF A CERTAIN 7. 5 FOOT UTILITY EASEMENT LYING
ON LOT 2, BLOCK 5, EDGEMERE HEIGHTS, WICHITA FALLS,
TEXAS, FOR THE EXISTING CARPORT AND ACCESSORY BUILDING
LOCATED IN SAID EASEMENT IN ACCORDANCE WITH THE
ENCROACHMENT AGREEMENT; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Item 4c
RESOLUTION NO. 10-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH JAMES E. YOUNG AND MARY
ANN YOUNG ACROSS PORTIONS OF CERTAIN 5 FOOT UTILITY
EASEMENT LYING ON LOT 13 , BLOCK 8 , SOUTH WINDS
ESTATES, SECTION 1, WICHITA FALLS, TEXAS, FOR THE
EXISTING SWIMMING POOL LOCATED IN SAID EASEMENT IN
ACCORDANCE WITH THE ENCROACHMENT AGREEMENT; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
Item 4d
RESOLUTION NO. 11-93
RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON
TAX ACCOUNTS AS LISTED ON THE ATTACHED REPORT.
Item 4e
RESOLUTION NO. 12-93
RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON
TAX ACCOUNT # 0540-081-0000 .
Item 5a
RESOLUTION NO. 13-93
RESOLUTION FOR THE AWARD OF CONTRACT TO R. C.
CONSTRUCTION FOR THE CDBG O'REILLY PARK PLAYGROUND
PROJECT
Item 6
Minutes of the meetings of the following boards and
commissions were received.
a. Zoning Board of Adjustment - December 16, 1992
b. Clean Community Commission - January 6, 1993
Item 7
The City Council reinstated the Lake Kickapoo lease for Roe
Minge for 1992, under the same terms and conditions.
Item 5b
RESOLUTION NO. 14-93
RESOLUTION TO AWARD BID TO CORPORATE IMAGES FOR
JANITORIAL SERVICES AT WATER AND WASTEWATER TREATMENT
PLANTS
Moved by Councilor Hughes that Resolution No. 14-93 be
passed.
Motion seconded by Councilor Martin.
218
Item 5b, cont'd.
Councilor Loughry asked why some janitorial services are
bid, and some seem to just keep going? Mr. Berzina explained
that some are set up with an extension clause, such as the
airport.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 8a
Results of the charter election held January 16, 1993 , were
canvassed by the Mayor and City Clerk.
ORDINANCE NO. 2-93
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS CANVASSING ELECTION RETURNS; 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. 2-93 be
passed.
Motion seconded by Councilor Loughry, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Hawkins
Nays: None
Item 8b
ORDINANCE NO. 3-93
ORDINANCE TO WAIVE SECTION 32-20 OF THE CODE OF
ORDINANCES TO ADJUST CUSTOMER WATER BILL
Moved by Councilor Hughes that Ordinance No. 3-93 be
passed.
Motion seconded by Councilor Farabee.
Melissa Kimbell, 2404 Farington, stated her report had been
sent in, and again requested a waiver.
Councilor Martin asked if some sand had stopped up the
meter, and Mr. Gross stated in his opinion, "no" , because if
sand had been in the meter it would slow it rather than speeding
it up. He stated that the meter is accurate. The only way that
the impellor can move is that water is moving in the meter. Mr.
Berzina stated that as an organization they feel very strongly
that the water went through the meter. They do not know what
happened to the water after it went through. They see this
several times a month. If it shows going through the meter, it
went through.
Councilors Loughry and Hawkins asked about the hand
oscillating back and forth, suggesting that it be checked.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Loughry, Hughes, and Martin
Nays: Councilors Farabee, Thompson, and Hawkins
Councilor Thompson suggested these situations be looked at
by staff members before it comes to the Council. He explained
219
Item 8b, cont'd.
that the Council is at a disadvantage as to know what happened.
It was noted that the City Manager' s Office and Legal Department
were involved. The City' s experience is that there are twelve
to fifteen of these cases each month. If the staff can ease
this for the Council they will be happy to see if there is a
better way.
Item 9a
RESOLUTION NO. 15-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AUTHORIZING THE CITY ATTORNEY TO SETTLE
CAUSE NO. CCL-843-91-E, STYLED SHARON AND JOHN BATA
VS. THE CITY OF WICHITA FALLS AND JOHN KIEREN; 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. 15-93 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 9b
RESOLUTION NO. 16-93
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LETTER OF
INTENT TO THE CORPS OF ENGINEERS, PLUM CREEK
FEASIBILITY STUDY
Moved by Councilor Martin that Resolution No. 16-93 be
passed.
Motion seconded by Councilor Hughes.
Bill Parker, Engineering, explained this is the spillway
across the dam on Plum Creek.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes , Martin, and Hawkins
Nays: None
Item 9c
RESOLUTION NO. 17-93
RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH EMD,
INC. FOR RECONDITIONING OF LAKE ARROWHEAD VARIABLE
FREQUENCY DRIVE
Moved by Councilor Hughes that Resolution No. 17-93 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
220
Item 9d
RESOLUTION NO. 18-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS APPOINTING SUBSTITUTE JUDGE OF THE
MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Farabee that Resolution No. 18-93 be
passed.
Motion seconded by Councilor Hughes.
Councilor Hawkins stated that he has a problem with this
individual because of a situation he was involved in, stating he
is replacing the former person who held this position. Mayor
Lam stated he feels this individual acted in a normal way, and
if there are any faults he feels it was probably on the other
side. He believes this person is qualified. Councilor Hawkins
stated that he asked for a favor. Mr. Humbach commented that he
told Councilor Hawkins last night that he did not have any
problem with this individual, stating he does not question his
ethics or performance to be a municipal judge.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: Councilor Hawkins
i
Item 10a
Discussion was held on smoking policies in City buildings.
Mr. Berzina presented a history of the smoking policy adopted in
1987 for privately owned, but public accessed, and City
buildings. In the City buildings there was no smoking except in
designated places. The Health Board recommends that the Health
Building be entirely smoke free. He also mentioned Fire Houses
where people live 24 hours a day. This discussion has been
scheduled to get feedback from the Council.
Councilor Loughry asked how this is policed, and Mr.
Berzina explained it is now self-policed.
Councilor Martin strongly concurs with no smoking in the
Health Department building, as well as the Library. He feels we
should go all the way with no smoking in our public buildings.
He noted that the Fire Department is not accessible to the
public. He would support an ordinance to do away with smoking
in all public buildings.
Councilor Hughes would like for the City Manager to bring a
policy to the Council.
Councilor Farabee stated he has no problem with the current
ordinance, and favors leaving it as it is.
Councilor Hawkins believes smoking is going to take care of
itself. Smokers will move outdoors where it is not offensive.
We still need the freedom to choose.
Councilor Thompson suggested that smoking be banned in all
public buildings where the public has access, and only be
allowed in offices or designated places.
Mayor Lam stated he feels it needs to be looked at, and
some fine tuning done. He noted that he has a problem of
smoking in private offices since only a few employees have
private offices. He would honor the Health Department' s
recommendation to ban it at the Health Department building, and
221
Item 10a, cont'd.
encourage enforcement. They would look at the City Manager ' s
recommendation in the not too distant future. Mr. Humbach
commented that in his opinion the City would not have any
liability for second hand smoke. That is not to say it could
not happen in the future.
Item 10b
Patricia Kuykendall asked that her delinquent Lake Kickapoo
lease be reinstated. Mayor Lam noted that the Council has some
responsibility in looking at this since the leases at Lake
Kickapoo are coming to an end. He would like to consider some
kind of a blanket deal, and get these delinquent leases caught
up.
Councilor Hawkins stated he does not agree. He feels they
should hold this in abeyance until the committee comes back with
a recommendation. He disagrees with it from the standpoint of
Lake Arrowhead and we stated it was the last time we would send
notices to Arrowhead. He feels we should have followed the same
procedure with Lake Kickapoo. He suggested we get caught up,
and make sure people know they will not receive any further
notices. Mayor Lam stated they wanted to let the committee deal
with this. Councilor Martin suggested we send a letter to Lake
Kickapoo residents, and set a cutoff date for renewing their
leases, with no more notices after that.
Mr. Berzina noted a conversation with the Chairman of the
committee. They may recommend something on this, and also the
roads. One of the unknowns is whether we would continue
notifications, along with annual costs of this, roads, etc. We
are not going out there and evict them, and he has told this to
several people.
Councilor Hughes suggested that a letter be sent that they
may never receive another notice, and the lessees can get caught
up.
Mayor Lam directed the staff to go ahead and reinstate
these leases on the same basis as we did at Lake Arrowhead, and
bring it back to the Council for approval at the next meeting,
and wait for the committee to meet.
Denzil Ingram asked for reinstatement of his delinquent
lease.
Mayor Lam pointed out to an unidentified woman in the
audience that a decision was made to not send out notices
because of costs involved, etc. , and emphatically stated that
the City will not send out notices. Councilor Martin emphasized
that each lessee knows the amount of the lease to be paid each
year.
Mr. Berzina noted that this committee will study what the
cost should be to renew the leases, and find a fair and
equitable rate to the property owners out there, and to the
citizens of Wichita Falls.
Dr. Joe Miller thanked the Council for their wisdom in
solving these problems today, and putting off other action until
after the committee makes its recommendation.
Sonya Largin, 2209 Avondale, presented a letter to Mr.
Berzina from Ty Chandler.
Item 10c
Councilor Thompson suggested that the lake committee
develop a mechanism to be used that will be fair to all, so that
it will not be brought before us again.
222
Item 10c, cont'd.
Councilor Thompson noted a meeting with James Williams and
Andrew Young, stating they believe a police storefront operation
will be satisfactory to the East side, and he recommends we move
forward with it. Mayor Lam requested that the City Manager,
Police Chief, and Councilor Thompson come back with a
recommendation costwise, and go ahead with it.
Councilor Thompson mentioned vandalism of Riverside
Cemetery. Bob Parker noted that the gate can be repaired.
Councilor Thompson noted the Martin Luther King
celebration, stating the spirit of Dr. King is one on which we
should look back on.
Councilor Hawkins asked for a report on the First Responder
program. Chief James explained that it began in December, and
they average four to five runs per day. The average time out of
service is five to ten minutes. He stated it is working well
now.
Councilor Hawkins also asked about a report on the taxicab
checklist. Bob Parker stated they will make sure they comply
with the ordinance.
Councilor Hawkins asked about final disposition of the
Safeplay Equipment business on the East side of town. Mr.
Berzina explained that the water had been shut off. A tank had
been installed, and he is hauling water.
Councilor Farabee asked about the effect of a person dying
during the second or third month of membership at the golf
course. Mr. Dockery stated he would take a look at it.
Councilor Martin echoed the comments made concerning the
Martin Luther King celebration and the police storefront
operation. Citizens will be at the MLK Center, and hopefully
later on will branch out into churches and other areas.
Councilor Loughry mentioned a hole in the asphalt at 4604
Karla; also mentioned Holliday Creek construction.
Mayor Lam mentioned in regard to gangs and graffito, some
cities permit owners to cover it up as soon as possible. Major
Davis stated they have found some of it. Mr. Berzina stated he
would check into it with other cities.
Item 10d
Mr. Berzina stated that the final public hearing on
redistricting was held last night. A City Council meeting will
be held on Tuesday, January 26 , 1993 , at 8: 30 a.m. , to consider
a plan.
Mr. Humbach noted that Mr. Moise had previously mentioned
drug dealers congregating on the East side. The Council will be
presented an ordinance at the next Council meeting that will
partially address this problem.
223
Item 10e
The City Council recessed at 10: 10 a.m. into executive
session according to Article 6252-17, Section 2(g) V.A.C.S. The
meeting reconvened at 10: 24 a.m.
Item 10f
Moved by Councilor Hughes that Robert Roach be appointed to
the Traffic Safety Commission for a term to expire December 31,
1995 . (Replacing Dewey Nicholson)
Motion seconded by Councilor Farabee, and carried
unanimously.
A representative is needed with bicycling interests.
The City Council adjourned at 10 : 25 a.m.
PASSED AND APPROVED THIS DAY,. OF 1993 .
t �
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Michael Lam, Mayor
ATTEST:
A A V,e? '11 k 14�6wx�
Wilma J. Thomas, CMC/AAE
City Clerk
224
Wichita Falls, Texas
Memorial Auditorium Building
January 26, 1993
Item 1
The City Council of the City of Wichita Falls, Texas, met
in called 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
Item 2
Mayor Lam noted that this meeting has been called for the
purpose of adopting a redistricting plan for the City of Wichita
Falls.
ORDINANCE NO. 4-93
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS ADOPTING A REDISTRICTING PLAN TO CHANGE THE
MUNICIPAL COUNCIL DISTRICT BOUNDARIES OF THE CITY OF
WICHITA FALLS; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hughes that Ordinance No. 4-93 be
passed.
Motion seconded by Councilor Hawkins.
Mayor Lam noted the results of the election held January
16 , 1993 , to determine the desires of the electorate for six
districts. This proposition failed to pass, and this will
realign the five districts to achieve one man one vote as far as
we can.
Gordon Griffith, County Commissioner, appeared in
opposition to this plan, which would affect his Commissioner
precinct boundaries. Councilor Thompson explained they looked
at the numbers of people, and that he worked with the
consultants on the plan previously adopted by the City on an
interim basis. Mr. Humbach explained that he looked at the
overlay, and he also noted he will be getting back with the
County to assist them in realignment of the precincts at no cost
to them.
Mr. Griffith stated they are taking Precinct 3 away, and
not allowing him to come into the city. He also noted the area
of Hirschi High School which had to be retained as a small
precinct. He referred to the Texas Election Law, which states a
City cannot divide a county precinct except as necessary to
follow the city' s boundary.
Mr. Humbach explained that when they broke the county
precinct lines it was the County' s responsibility to redraw the
lines. He stated that he met with the County Judge and County
Clerk. Vernon Cannon called the office of the Secretary of
State, who advised that when a city breaks precinct lines it is
225
Item 2, cont'd.
the County' s responsibility to redraw the county precinct
boundaries.
Councilor Farabee stated that if Mr. Griffith is asking why
we changed the lines, it is because the minority profile is not
where we or the federal government want it to be. Mr. Griffith
stated he did not feel this is representing the minority.
Councilor Hughes pointed out that when Mr. Griffith looked at
the numbers and minority profiles they were looking at the whole
county. Councilor Thompson noted they could have taken more
minorities out of District 5, but then it would have been under
populated. Councilor Hawkins stated that the minority profile
in District Two has been increased from 57. 88 to 60 percent.
The minority voting age has also been increased from 53 . 3 to
55. 5 percent. He stated this is not their goal, but is the best
they could do. �
Reginald Blow, 805 North Rosewood, stated that on term
limitations, Angus Thompson is the only person who will be
affected, and never in the history of this country has there
ever been a law which was retroactive. He stated that 5000
people have left District Two, and they are determined to have a
strong minority representation on the City Council. He feels
they are not achieving the highest minority representation
possible. If they had gone into District Five it would have
diluted those numbers.
Giola Ozuna, 1309 Giddings, asked if women are considered
minorities, and Mr. Humbach stated they are not, as far as
voting profile is concerned.
Lydia Torres, Administrative Assistant for the
Commissioner' s Court, asked if there is a deadline on this, and
Mayor Lam stated there is, and they have to do it immediately to
get Justice Department approval. They need to do something
today to achieve their goal for the City. He feels the firm has
given them a district layout that will be the best they can do,
and they have to move on it today. They are offering a better
minority mix than we had in the previous plan.
Councilor Thompson stated that the questions raised by Mrs.
Torres and Mr. Griffith illustrates the problem that we have.
We will not ever be able to achieve the minority profile unless
District Two is smaller. We have to try to achieve the best
alternative. Sometimes you have to take the best that you can
and do it in such a way that it will not prejudice those from
making changes in the future. He does not want to hinder any
future efforts. He is of the mind that at-large elections are
going to be outlawed.
Councilor Hawkins stated the time has run out, and there is
no way the figures are going to change. The largest problem is
that there seems to have been an undercount census done.
Councilor Thompson commented that there is a theory that an
undercount was done in the state as well as this City.
Councilors Farabee and Hughes noted that we should press on
under the laws given us.
Councilor Martin expressed concern with the splitting of
all precincts in this plan. One precinct has been split three
times, and most of them twice. He asked if we could adopt
districts where all are elected at large, and Mr. Humbach
replied that it would require a charter election.
Councilor Loughry stated we took this matter to the people
for them to decide. We could waive it, and go on. Mayor Lam
emphasized that the charter can only be changed by the people.
The Council cannot waive it.
Mayor Lam noted that we have to work within the system and
numbers. He feels the firm they hired has done an excellent
job. Mr. Humbach commented that when the last plan was adopted
226
Item 2 , cont 'd.
they did not break any precinct lines. They were told by the
Justice Department that it did not meet the minimum minority
profile. They were told to go back and get the highest minority
voting profile even if you have to break precinct lines.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Hawkins
Nays: Councilor Martin
Item 3
Discussion was held on the Council' s intent of the charter
amendment limiting council terms. Mayor Lam noted there seems
to be a question on whether this would be retroactive or not.
Mr. Humbach noted that the question arose as to whether the
charter amendment would have retroactive prohibitions or apply
to future councils. He did exhaustive research, and found no
case law. Depending upon the factors of the issue the opinion
has been rendered both ways. He contacted the office of the
Secretary of State, and they said to go back and try to figure
out what the legislative intent of the Council was. It has to
be precleared by the Justice Department. They will need to know
what the intent was when it was placed on the ballot. He asked
that they tell him what they would have intended if they had
thought about it when they placed it on the ballot. It is very
subjective, but it is the best we have to go on.
Councilor Loughry stated he wanted to make it two
consecutive terms ( 4 years) , with a six-year maximum. He
believed it would have affected the Council. In District Two,
more than fifty percent voted for term limitations; also, in
District One. If any of us fall into that bracket any member
would be a man and step down. This will not be a halt on
minority candidates. He stated he believed it should be
retroactive.
Councilor Martin noted that from the very beginning he was
opposed to placing this on the ballot. He had thought about
this when it was brought up, and worked under the assumption
that it cannot be retroactive.
Councilor Hughes stated he was not in favor of this when it
went on the ballot, but did not give it any thought at that
time. If the Justice Department has to preclear it we need to
give some thought on what they will or will not approve.
Mr. Humbach stated the only candidate which will be
affected is the only minority member on the Council. It is his
opinion, and that of the Office of the Secretary of State, that
it will not be precleared if it is retroactive. Councilor
Hughes stated he feels it would be better if it is not
retroactive.
Councilor Farabee stated that in other Council business
they would not go back and make it retroactive. He believes it
cannot be retroactive, but begins from that time forward.
Councilor Hawkins stated that as Councilor Loughry pointed
out, District Two went with term limitations. So did his
district. He understood it would be limitations for those of us
who are now serving. He stated that Councilor Thompson had
commented that it would affect him, and he would not be able to
run again. Councilor Hawkins stated he voted against term
limitations. He will have to vote that we keep it as what
people have said.
Councilor Thompson referred to a law which means that a law
cannot be made to apply to you for a crime which was committed
227
Item 3 , cont 'd.
in the past (expos facto) . He stated that he also knows that
when we pass ordinances and regulations on this Council we
oftentimes grandfather those who are there at that time.
Whether it is himself or another Council member, the whole
principle for this is whether it is fair and just. Right is
right and wrong is wrong. He stated he has also talked to the
Justice Department. The voters of this City should have the
right to decide when a person' s term is up. It is cynical for
Councilor Loughry to say that he is still talking about them
having representation. He does not think their people
understand the ramifications or they would not have voted for
this. We do have a possibility of being turned down, and we
have to look at the overall good for the City. He feels if it
had been explained the results would have been the same. We are
at the point where we do not have the situation where we can
apply it retroactively. He would support taking the way we feel
can get it approved, and not thrown out.
Mr. Humbach stated he will pass on what he has heard this
morning; that the Charter amendment does not apply
retroactively, but prospectively, and will apply to all of them
in the future. It will be ten consecutive years in any
combination of office, beginning with the expiration of the
terms of all present members of the Council.
Councilor Thompson stated he is disappointed in what we are
doing today because it creates dissention in our community. It
may be in being over enthusiastic he may have said something,
but he would hope from this day forward we can work together,
and forget whatever differences and divisions we may have.
Beth Loughry, 1411 Grant, stated she is a teacher, and does
not want to leave here today with her students thinking they are
doing a disservice. She stated she believes we have more than
one minority that can represent District Two. Councilor
Thompson stated that he thinks what she is doing is a
disservice. Mrs. Loughry stated that in that group of people
there are several who can have a strong representation. Young
people need to be allowed to come in as well. Councilor
Thompson pointed out that Mr. Moise meant a strong district was
a high minority profile. He hopes people will draw the same
conclusion when they read about this. He agrees that we have a
talented group of young people. There is no way a district
should rely on one person. He agrees that we must develop more
talent. There is nothing that keeps anyone from running for any
office when the time comes.
The City Council adjourned at 9 : 40 a.m.
PASSED AND APPROVED THIS 1z� DAY OF ,....1.9�3 .
1
Michael Lam, Mayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk