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Min 01/05/1993 207 Wichita Falls, Texas Memorial Auditorium Building January 5 , 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 Paul Nash, Christ Lutheran Church. Item 3 Jerry Ashlock, Police Department, was honored as Employee of the Month for January. Mayor Lam presented him with a plaque, City of Wichita Falls pin, bus ticket, a check, and tickets to a dinner. Mayor Lam presented a proclamation for Crime Stoppers Month. Item 4 Moved by Councilor Hughes that minutes of the meetings held December 15 and 21 , 1992, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 5a-6b 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 208 Item 5a RESOLUTION NO. 1-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE SOUTHLAND CORPORATION ACROSS PORTIONS OF 14TH STREET RIGHT-OF- WAY LYING NORTH OF LOT 3A, BLOCK 230, POWELL & GORMAN SUBDIVISION, WICHITA FALLS, TEXAS, FOR THE EXISTING WATER AND AIR SERVICE FACILITY LOCATED IN SAID RIGHT- OF-WAY 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 5b RESOLUTION NO. 2-93 RESOLUTION APPROVING THE REFUND OF MONEY OVERPAID ON TAX ACCOUNTS # 0580-020-0000, 0020-374-0000 , & 3183- 026-0000. Item 6 Minutes of the meetings of the following commissions were received. a. Water Resources Commission - December 4, 1992 b. Planning and Zoning Commission - December 9 , 1992 Item 7a ORDINANCE NO. 1-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AS AMENDED ACCEPTING SAME. Moved by Councilor Martin that Ordinance No. 1-93 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 A proposed ordinance was presented to waive Section 32-30 of the Code of Ordinances to adjust customer water bill. A motion was made by Councilor Hawkins for its passage, and seconded by Mayor Lam. Mr. Bonnett explained that the meter was tested, and found to be accurate at the high flow. It was not working at all on the low flow, which indicates more water had passed through the meter than was measured. Councilor Farabee stated he cannot support waiving this ordinance because of the dangerous precedent it will set. The motion failed by the following vote. Ayes: Mayor Lam and Councilor Loughry Nays: Councilors Farabee, Thompson, Hughes, Martin, and Hawkins 209 Item 8a RESOLUTION NO. 3-93 RESOLUTION TO APPROVE AGREEMENT FOR USE OF AGRICULTURAL PROPERTY FOR APPLICATION OF WATER TREATMENT PLANT SLUDGE Moved by Councilor Hughes that Resolution No. 3-93 be passed. Motion seconded by Councilor Thompson. Councilor Hawkins asked about anticipated costs of animals getting sick, etc. Mr. Bonnett explained they have a history on this, and there have not been any problems. Up to this point in time this has been unregulated, but a permit is now required. He further explained that this is water plant sludge, and it only applies to what goes to the landfill. Mr. Berzina explained that if we are using the sludge for something else, it is not available. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8b RESOLUTION NO. 4-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENT ON RIDGEWAY DRIVE, 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 Thompson that Resolution No. 4-93 be passed. Motion seconded by Councilor Hughes. William Carnley, 2205 Maurine Street, appeared as a representative of the Church of God for property located at 1133 Ridgeway Drive. He explained the situation pertaining to this easement. Mrs. Chasteen stated they were unable to find that the City ever acquired an easement for this line. They cannot build over the sewer line. Mr. Humbach explained that the easement would only extend to the area the sewer occupies. We have in the past entered into encroachments to build over an easement. Certainly it is not advisable, but the Council could grant it. Mr. Bonnett stated we have some of these situations in town, and they are giving the City fits. It is not good. Councilor Hawkins asked for a report on these situations. Mr. Bonnett stated this line was installed in 1927, and it affects four properties. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 210 Item 8c RESOLUTION NO. 5-93 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT WITH WILTEL COMMUNICATIONS SYSTEMS FOR THE CITY' S TELEPHONE SYSTEM Moved by Councilor Hughes that Resolution No. 5-93 be passed. Motion seconded by Councilor Thompson. Councilor Loughry asked about the number of times we have used the warranty for maintenance, and Mr. Dockery explained we have used it several times, but have not had any major failures to the system. Equipment failures need to be replaced by an authorized distributorship. He also addressed the average annual expense at $60 . 00 an hour, stating it averages about one hundred hours a year. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry Item 8d RESOLUTION NO. 6-93 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE JERUSALEM COMMUNITY DEVELOPMENT CORPORATION FOR HOME PROGRAM FUNDS Moved by Councilor Hughes that Resolution No. 6-93 be passed. Motion seconded by Councilor Martin. Councilor Thompson stated he will not vote nor participate on this matter due to his association with the Jerusalem Community Development Corporation. Councilor Hawkins asked if Christmas in Spring could fall under this, and Mr. Dockery explained that with certain non- profit organization restrictions, Christmas in Spring did not meet those requirements. If these funds continue they are hoping to expand these funds to non-profit organizations in the future if they meet requirements. Mr. Berzina noted that the Christmas program is more cosmetic. This particular program is substantial improvement. They did not want this so loose they would not know where the funds were going. Mr. Dockery explained that this corporation qualified as being in existence over the one year period. Councilor Martin commented that Christmas in Spring has been involved in some projects more than cosmetic. Councilor Loughry suggested there may be some others out there that are qualified. Mr. Dockery stated this is a new program, and they hope to meet with some of these organizations in the future to see if they qualify. It has to go for low income affordable housing for rehabilitation or project type costs. It cannot be used for administrative costs. It requires an audit, and will be audited by the person working with the program. Paragraph 6c was explained by Mr. Dockery for Councilor Martin, stating that any waivers would have to be approved by the Council. Councilor Hawkins clarified the funding for one year only. Mayor Lam commented that he wonders how well this program is known throughout the community, and Mr. Dockery explained that there needs to be a better effort made. 211 Item 8d, cont'd. The motion carried by the following vote. Ayes: Councilors Farabee, Hughes, Martin, and Hawkins Nays: Mayor Lam and Councilor Loughry Item 9a Moved by Councilor Hughes that the bid for fifty nine soft body armor vests for police officers be awarded to Texas State Distributors, Inc. , in the amount of $17, 051. Motion seconded by Councilor Thompson. Chief Harrelson explained that the manufacturer recommends these vests be used for five years. They encourage all police officers to wear them. He stated that the vests were evaluated by Training by trying them on and wearing them. Ballistics were not part of the test, and not every officer tried them. They were evaluated mostly for comfort. Six samples were tried. Councilor Martin stated he is opposed to this vest because it is new and not proven, when the other one was proven. He stated most officers don' t wear this because of the trauma plate, and the clavicle area rides high, and is not as comfortable. He wanted a second chance on the other vest. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Hawkins Nays: Councilors Loughry and Martin Item 10a Discussion was held on police facilities for the East side. Mr. Berzina stated he had an inquiry as to the possibility of having a police facility located on the East side of town. There is a wide range of the subject. Balanced with this, they did not want to do anything to lower the manpower in this area, but perhaps there may be a way to make it more visible. He feels more study and information is needed. W. K. Shewmake stated he has been arrested by 38 cops. If they would take them off his tail they would not need any more facilities. Andrew Young appeared representing SCLC, stating he supported a police sub-station on the East side. This would allow them to be closer to the incidents. James Williams, 828 Elwood, stated a police facility is needed on the East side. He feels they have drug pushers on the run. A sub-station would provide more visibility of officers and shorter response time. He requested support of the Council. He stated SCLC went on record in November 1992 as proposing and supporting this sub-station. He stated that Dorsey Trapp is a member of SCLC, and Gordon Griffith is vice president of SCLC. Councilor Loughry asked about the number of officers we now have on the East side, and Chief Harrelson explained they have two cars and two men in each of the cars, and sometimes more than that. Of the new graduates, a tactical team will be used in these trouble spots. They have dumped a lot of resources on the East side. In talking about a sub-station he would be very cautious before he would recommend getting an officer off the street and behind a desk. Funding for clerical help and all other expenses should be considered. He stated that the Kemp and Callfield area is where you have more interacting than 212 Item 10a, cont'd. anywhere else in town. Response time cannot be made by an officer sitting at a desk. Consideration must be given as to how a sub-station will be manned. They barely have enough clerical people to handle the required reports. Another concept is a store front, which is manned by volunteers. He stated they need to determine what they want to do. Mayor Lam mentioned the group of people on the East side who wanted to be involved. Chief Harrelson noted that they are much more involved now than they have been in the past. Churches in the area have mobilized and offered their support to the police. If we can keep a tactical unit in the area this will be very beneficial. There are a lot of ideas they can mold with the citizens in that area. It would seem that a store front operation would be the best thing at this time. He does not think that anyone wants to see a cop sitting in an office >. waiting for someone to come in and talk to him. It will not happen. They have the flexibility in their fleet structure to provide good response time. Councilor Martin asked about a store front manned by volunteers, and Chief Harrelson noted that would be worth considering. He suggested some planning areas with key members on what they want, and what they can afford to do. Councilor Hughes mentioned working with neighborhood groups which we are partially funding. This is a facility already in operation. We need to get the officers and the people working together very closely. Councilor Thompson stated he would hope they would have a discussion with members of the community as to how they can proceed with this. He would like to get it worked out, and bring it back to the Council. Mayor Lam would like to see a continual dialogue between the City Manager and the Police Chief, along with Councilor Thompson and another member of the community. They should keep fairness and costs in mind, and have it brought back to the Council. He directed Chief Harrelson to get people involved who have expertise. The Council recessed at 9: 45 a.m. , and reconvened at 10: 05 a.m. Item 10b Melissa Kimbell, 2404 Farington, stated that action had already been taken on Item 7b before she arrived for the council meeting. She asked if she could provide documents at the next meeting, would they take another look at it? She stated she can provide affidavits from neighbors stating no one was taking any water. Mayor Lam stated it was voted down two to five, and asked if any member had any desire to re-open it. Councilor Thompson stated that even though it would set a precedent, he is open minded, and if she has proof that water did not go through the meter, then he would be open minded. Councilor Hughes commented that if she had further documentation he would be willing to look at it. Mayor Lam directed her to bring documentation to the City Manager. Liz Miller appeared as a Lake Kickapoo resident for the past two years. She stated they are interested in the City of Wichita Falls, and helping solve the problems of Lake Kickapoo. She mentioned several problems out there which have come to their attention. She stated there are many full time residents at Lake Kickapoo. She stated she had dealt with Mr. Berzina, Mr. Bonnett, and Parks and Recreation. She sent Mr. Berzina some pictures of the roads, and also criticized Mr. Bonnett' s comments about the road situation. Lake Kickapoo residents feel that perhaps their leases will be cancelled, and stated that 213 Item 10b, cont 'd. even if they are one day late with their payment they are told it is late. No notices or late notices are sent. Mrs. Miller requested that they place members on the committee who live at the lake. She stated they are all in a Catch 22 situation. She told Archer County they are in danger of losing this tax money if the City closes the lease down. Judge Paul Wiley stated he would be willing to work with the City on the lots. She stated there are some living out there illegally. She stated she would be happy to serve on this committee. Dr. Joe Miller South side of Lake Kickapoo, stated the do ► P Y not want to be part of the problem. They would like to be part of the solution. He stated that he talked to Mr. Bonnett twice about the roads, and the standard used to upgrade them, and whether they are passable. Roe Minge, Electra, stated he has a lease at Lake Kickapoo, and was one day late on his payment. He stated they always received a notice from the Park Department. He stated he called the Parks Department on November 2 , and they sent him to the Administrative office. They would not accept his payment. Mrs. Thomas told him she could not accept it. He went through the City Attorney' s office, and they would not accept payment. His complaint is that if the leases are going to be cancelled, there should be a reason for it. He recognized that a lot of it is grapevine. He stated that empty lots next to the leased lots are generally maintained by the leaseholder. His lease expires in 1994 . Mr. Berzina explained that we went into a grace period, and the Council told the staff if the lease expires or the payment is late, they would be cancelled. With Lake Kickapoo there would be a study committee. Mayor Lam stated that on a matter of simple common sense, why couldn' t we take their money if the lease is soon going to expire? Mr. Berzina again explained the direction given by the Council to the staff, stating the staff is following that direction in accordance with the lease provisions. Councilor Hawkins commented that any lease has a grace period. Mr. Berzina emphasized their direction, and lease provision, that if a lease is late, it is expired. If you don' t pay, you have no lease. Councilor Martin stated that the argument of not receiving a notice does not hold water with him. We all have obligations for which we receive no notice. Mrs. Thomas explained that this lease in question was due and payable on or before October 1, and that his grace period had already expired. Curtis Cashion, lessee of Lake Kickapoo store, stated he would like to serve on this committee. Mr. Berzina commented on the amount of these lease payments, stating you cannot put us in a position to take tax dollars from the City, and support a lifestyle at the lake. He suggested that a new lease rental fee be enough to be supportive. He feels this is one of the first recommendations they have to make, that it is economically feasible. Penny Henderson, former Lake Arrowhead lessee, stated they now have a lease with the Brazos River Authority, and it is about ten times the amount it was here. 214 Item 10c Councilor Loughry asked for a response to a letter he received a couple of months ago concerning speed limits. Mr. Berzina commented that if he is referring to a letter from his wife on details that he brings up at this meeting, they keep telling her the speed limits are not wrong. Councilor Loughry also mentioned dips on Rhea Road. Councilor Martin commended the citizens of Wichita Falls for the beauty during the Christmas season. Councilor Hawkins commented on overhead signs identifying : the airport, and how to get to it. He also commended certain v recent improvements made to the airport. He stated the doors to the smoking room are left open, and the exhaust fans will run up the heating and cooling bills. Mr. Parker stated they would take a look at smoke eaters. Councilor Hawkins also commented that it is good to see that District Five people are having a part in the city. Item 10d Mr. Berzina commented on waste reduction composting proposals, and called on Mr. Bonnett to report on it. Mr. Bonnett noted the regulatory picture, and present and future costs per ton at the landfill, stating it will almost double the cost of the sanitary landfill. He stated they can economically justify composting with the new regulations. They are prepared to aggressively pursue it and the entire refuse collection and disposal method to determine the alternatives. Mayor Lam encouraged the staff to seek expertise on looking at this on a partial commercial system. Mr. Berzina stated he believes this will soon be mandated. Item 10e The City Council recessed into executive session at 11: 05 a.m. , according to Article 6252-17, Section 2(g) V.A.C.S. The meeting reconvened at 11 : 45 a.m. Item 10f Moved by Councilor Hughes that Sydney Litteken be appointed to the Water Resources Commission (replacing Jim Bryan) for a term to expire September 30, 1995. Motion seconded by Councilor Martin, and carried unanimously. Item 10g Moved by Councilor Hughes that Martha Allensworth be appointed to the Library Advisory Board (replacing Beverly Singleton) for a term to expire June 30, 1995. Motion seconded by Councilor Martin, and carried unanimously. 215 Item 10h Moved by Councilor Hughes that the following be appointed to the Lake Lots Study Committee for the duration of the committee ' s business. a. Janet Sanders b. George Brickhouse C. Bill Thacker d. Andy Lee e. Joan Riddles f. Dan Shine g. Gordon Wallace - Chairman h. John Maroney, Jr. i. Howard Farrell j . Liz Miller k. Donna Adams Motion seconded by Councilor Martin, and carried unanimously. The city staff will be sending a letter to set up the first meeting. The City Manager and Mayor will give a charge as to the duties of the Commission. The City Council adjourned at 11: 50 a.m. PASSED AND APPROVED THIS /ftLl day of _, 1993 . Michael Lam, Mayor ATTEST: Wi ma J. Thomas, CMC/AAE City Clerk