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Min 09/15/1992 122 Wichita Falls, Texas Memorial Auditorium Building September 15, 1992 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 J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Paul Hughes Absent The invocation was given by John Knox, Church of Christ at Tenth and Broad. Following the invocation, a moment of silence was observed due to the illness of the wife of Councilor Hughes. Item 3 Moved by Councilor Thompson that minutes of the meeting held September 1 , 1992, be approved. Motion seconded by Councilor Martin, and carried unanimously. Items 4a-5c Item 4a was removed from the consent agenda. The consent agenda was approved by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 4b RESOLUTION NO. 140-92 RESOLUTION TO ACCEPT THE CDBG PARKING LOT OVERLAY, WILLIAMS PARK PROJECT AND AUTHORIZE FINAL PAYMENT TO BARNETT PAVING & SEALING Item 4c RESOLUTION NO. 141-92 RESOLUTION TO ACCEPT NORTHSIDE SANITARY SEWER TRUNK MAIN, PHASE 1 PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Item 5a Minutes of the meeting of the Zoning Board of Adjustment held August 19 , 1992, were received. 123 Item 5b Minutes of the meeting of the Park Board held August 27, 1992, were received. Item 5c Minutes of the meeting of the City Council held June 1, 1992 , were corrected in Item 3 at the end of the first sentence to include the phrase "in the form attached to these minutes" , and attaching a form of the Notice of Intention to Issue Certificates of Obligation, Series 1992 . Item 4a RESOLUTION NO. 142-92 RESOLUTION TO ACCEPT THE CDBG MADISON STREET RECONSTRUCTION PROJECT AND AUTHORIZE FINAL PAYMENT TO McGRATH BROTHERS CONCRETE Moved by Councilor Thompson that Resolution No. 142-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Martin, and Hawkins Nays: None (Councilor Loughry abstained because of a conflict of interest. ) Item 6a A public hearing was opened on the 1992-93 budget. No one asked to be heard, and the hearing was closed. Item 6b Councilor Thompson noted that as Executive Director of Community Action Corporation, he would not participate in any discussion, nor vote on it. Moved by Councilor Hawkins that CAC allocation be approved in the amount of $10, 090. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Martin, and Hawkins Nays: None Item 6c ,gam. ORDINANCE NO. 72-92 ORDINANCE TO AMEND SECTION 32-20 OF THE CODE OF ORDINANCES TO ADJUST TREATED AND RAW WATER RATES FOR RETAIL CUSTOMERS Moved by Councilor Martin that Ordinance No. 72-92 be passed. Motion seconded by Councilor Farabee. Mr. Bonnett explained that water rates have been increased ten percent to retail customers. In 1991, the increase was six 124 Item 6c, cont'd. percent. The entire amount is going to debt service. Councilor Loughry asked if some of the West Texas Utility funds could be used in the water treatment plant, and Mr. Berzina noted that legally it probably could be. Councilor Martin commented that it is time to begin writing our congressmen and senators about these unfunded mandates. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6d ORDINANCE NO. 73-92 ORDINANCE TO AMEND SECTION 32-57 OF THE CODE OF ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS Moved by Councilor Martin that Ordinance No. 73-92 be passed. Motion seconded by Councilor Farabee. Councilor Loughry noted partial funding for the prison system. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6e ORDINANCE NO. 74-92 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993 , BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY Moved by Councilor Martin that Ordinance No. 74-92 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6f ORDINANCE NO. 75-92 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1992-93 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY 125 Item 6f, cont'd. Moved by Councilor Martin that Ordinance No. 75-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 7a A public hearing was opened on the paving of Hayes Street from Ninth Street North. John Adams, 2904 9th Street and 5119 Lakeshore Drive, stated he would like the neighborhood maintained as a city. He stated that he needs access to the alley off Ninth Street for safety. Councilor Farabee noted that he has observed this area, stating it is easy to turn right and go down to Draperies by Mark and turn around. Councilor Thompson expressed that there are many ways to exit this alley without paying $20 , 000. Councilor Hawkins inquired about the width of paving, stating we need to be more concerned about the people who actually live there, rather than Mr. Adams. Bobby Schmitz, 2914 9th, objected to the paving of this street, stating it is totally dead end, except for the alley. No one would use this as a through street. He stated that he and Mr. Cunningham, of Heritage Plumbing, refused to sign the petition. He is opposed to paving this street for no good reason. Driveways would have to be altered. He would assume the City would continue access to his property. If not, he would have another objection. Mark Wilson, 3000 9th Street, stated his business is at 800 Hayes. He stated that he blacktopped the street in 1974 . It would be nice to have a heavier, wider street, stating he does have a problem with drainage, and does not need any more problems. William Parker stated that drainage could be addressed, with or without the street paving. Other discussion continued. Councilor Thompson expressed his opposition to the City' s involvement in a feud. He stated that he respects Mr. Adams, but pointed out that he does not live on Hayes Street. It is a frightening precedent to allow someone to put up money to improve an area in which he does not live. Moved by Councilor Hawkins that the staff prepare an ordinance for the widening and paving of Hayes Street. The motion died for lack of a second. Item 8a ORDINANCE NO. 76-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS PROHIBITING FISHING IN THE LUCY PARK POND AND AUTHORIZING THE ERECTION OF APPROPRIATE SIGNS; 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. 76-92 be passed. 126 Item 8a, cont'd. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8b ORDINANCE NO. 77-92 ORDINANCE WAIVING SECTIONS 22-1(a) ( 2) , 22-3 , 22-4, AND SECTION 16-16 OF THE CODE OF ORDINANCES AND WAIVER OF RESOLUTION 2509 AS AMENDED, TO PERMIT ANIMALS ON THE GRASS, ACCESS BEYOND CURFEW, ALCOHOLIC BEVERAGES, AND NON-PAYMENT OF PERCENTAGE OF GROSS SALES TO THE CITY DURING FALLSFEST, IN LUCY PARK SEPTEMBER 25 - 27, 1992 Moved by Councilor Martin that Ordinance No. 77-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 78-92 ORDINANCE WAIVING SECTION 22-4 OF THE CODE OF ORDINANCES PERMITTING BEER IN THE PARK, AND SECTION 5420( 5 ) OF THE ZONING ORDINANCE AUTHORIZING THE TEMPORARY SALES OF BEER AT THE TRAILS FEST EVENT IN JAYCEE PARK OCTOBER 17, 1992 Moved by Councilor Martin that Ordinance No. 78-92 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 79-92 ORDINANCE WAIVING SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT BEER DURING AN OKTOBERFEST EVENT IN LUCY PARK, SEPTEMBER 20, 1992 Moved by Councilor Martin that Ordinance No. 79-92 be passed. Motion seconded by Councilor Thompson. Councilor Martin commented that a German Band will be here to perform in Lucy Park, and it is free to the public. The motion carried by the following vote. 127 Item 8d, cont'd. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8e ORDINANCE NO. 80-92 ORDINANCE WAIVING SECTION 22-4 AND SECTION 22-5 OF THE CODE OF ORDINANCES TO PERMIT ALCOHOLIC BEVERAGES AND WALKING ON THE GRASS AROUND THE FALLS FOR A B.C. I . HOSTED RECEPTION SEPTEMBER 20 , 1992 Moved by Councilor Hawkins that Ordinance No. 80-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8f A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the West line of Lot 3A, Block 1 , Wichita Square Addition. A motion was made by Councilor Thompson, and seconded by Councilor Martin, for its passage. Councilor Hawkins noted that the staff does not recommend approval, and Mr. Bonnett explained that the City should get sidewalks along both sides of a business in high traffic areas. Harris: Nursery put in sidewalks. Councilor Hawkins also asked about the City putting in sidewalks along those areas adjoining this. Mr. Berzina stated that if the City widens a street it is generally a part of the larger project. The motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Item 9a RESOLUTION NO. 143-92 RESOLUTION TO APPROVE ENCROACHMENT AGREEMENT FOR ENCROACHMENTS INTO ALLEY ADJACENT TO 509 VIRGINIA STREET Moved by Councilor Thompson that Resolution No. 143-92 be passed. Motion seconded by Councilor Farabee. Mr. Bonnett explained that the property owner has worked with them very well, and the only thing they are concerned about is the carport, but believe they can get into the alley. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin and Hawkins Nays: None 128 Item 9b RESOLUTION NO. 144-92 RESOLUTION PLACING THE PAVING OF PART OF AN ALLEY BETWEEN MAPLEWOOD AND GREEN HOLLOW, NORTH OF LAKE PARK DRIVE IN THE ALLEY PAVING PROGRAM IN ACCORDANCE WITH SECTION 27-38 . 7 ( 5) OF THE CODE OF ORDINANCES Moved by Councilor Farabee that Resolution No. 144-92 be passed. Motion seconded by Councilor Martin. Bob Seabury stated he would appreciate a favorable vote on this, and believed the neighborhood would be better served. He stated he had not contacted the other four property owners along that alley to see if they would be willing to join in with the paving. Councilor Loughry stated he does not feel the staff followed the ordinance which specifies a block, and this is only one-half a block. He stated we are leaving half an alley unpaved. Mr. Bonnett stated that this ordinance was drafted very carefully by the Council. It was to assure that a portion of the people could not stop an alley if the Council desired to pave it. There is nothing in the ordinance that requires one hundred percent participation. He does not think we will develop more expenses unless traffic begins going on through the alley. It could cause the Council some grief if property owners came to the Council stating they want the other half paved. Councilor Hawkins stated he had no problem with Seabury paving the alley, but he just wants him to also pave the other half. Mr. Bonnett stated he believed one-half of the alley on the West side of Hooper was waived, and that they do receive calls asking why it is not paved. Mr. Seabury asked if he could put gravel in his alley, and Mr. Bonnett stated he could not. It was indicated that there was no response from the other neighbors after they were notified by the City. Councilor Farabee asked if a sign could be posted stating that the alley ends. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, and Martin Nays: Councilors Loughry and Hawkins Item 9c RESOLUTION NO. 145-92 RESOLUTION ACCEPTING A PROPOSAL FROM TEAM CONSULTANTS, INC. FOR GEOTECHNICAL ENGINEERING EVALUATION AND TESTING OF LANDFILL SOIL LINER IX Moved by Councilor Thompson that Resolution No. 145-92 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None 129 Item 9d RESOLUTION NO. 146-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH MARY R. AND TIMOTHY L. BOYD ACROSS PORTIONS OF CERTAIN 15 FOOT UTILITY EASEMENT LYING BETWEEN LOTS 18 & 19, BLOCK 13 , UNIVERSITY PARK, SECTION B, WICHITA FALLS, TEXAS, FOR THE EXISTING STRUCTURES AND PROPOSED CARPORT SITE LOCATED ON THE LOT 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 Moved by Councilor Martin that Resolution No. 146-92 be passed. Motion seconded by Mayor Lam. Mr. McKinney stated that a carport was requested, and where they wanted to locate it was on an easement, and they already had a portion of their house on the easement. The utility companies have no objections. He stated the easement could not be accessed from Phillips Drive. Southwestern Bell uses this easement. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9e RESOLUTION NO. 147-92 RESOLUTION WAIVING THE $2. 00 PER PLAYER FEE AND SECTION 22-1(a) (9) TO PERMIT SIGNS FOR A TENNIS TOURNAMENT AT HAMILTON AND WEEKS TENNIS CENTERS AUGUST, 1993 Moved by Councilor Thompson that Resolution No. 147-92 be passed. Motion seconded by Councilor Martin. Councilor Farabee noted that the $2 .00 fee was also waived for the Supersectionals. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9f RESOLUTION NO. 148-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS Moved by Councilor Farabee that Resolution No. 148-92 be passed. Motion seconded by Councilor Martin. 130 Item 9f, cont'd. Councilor Farabee asked if we had had an abnormally high accident rate using these workers, and Mr. Bonnett stated he knew of no problems. Mrs. Stricklin stated that Work Services Corporation is required to cover workers compensation for those employees. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9g RESOLUTION NO. 149-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY Moved by Councilor Hawkins that Resolution No. 149-92 be passed. Motion seconded by Councilor Martin. Councilor Thompson noted that he would not participate nor vote on this item. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Martin, and Hawkins Nays: None Item 9h RESOLUTION NO. 150-92 RESOLUTION APPROVING A CONTRACT WITH THE ENGINEERING FIRM OF FREESE AND NICHOLS, INC. FOR THE PURPOSE OF CONDUCTING A FEASIBILITY STUDY OF KICKAPOO AIRPARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME FOR THE CITY OF WICHITA FALLS Moved by Councilor Martin that Resolution No. 150-92 be passed. Motion seconded by Councilor Farabee. Bob Parker presented a history leading up to this feasibility study. Councilor Hawkins asked about minutes of the meeting of the Aviation Advisory Board, and Mr. Berzina explained they would be in the next agenda. Councilor Hawkins expressed his opposition without knowing what happened. Councilor Martin pointed out that the motion from the Aviation Advisory Board was unanimous, stating this is not purchasing it, but only selecting a consulting firm. Councilor Loughry asked about the request for information forms, and Mr. Parker noted that he had a few left. Councilor Thompson approved of doing this in phases so that if one does not work, then it will stop at that time. Bob Parker explained that citizens would have input into this process during Phase III . Mr. Berzina noted that Phase I would determine if it can be done and financed; Phase II would be can we proceed; and Phase III would be the public hearings. They expect a maximum of six months for the study. 131 Item 9h, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, and Martin Nays: Councilors Loughry and Hawkins Item 9i RESOLUTION NO. 151-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE A JOINT CITY/COUNTY MULTI-PURPOSE EVENTS CENTER AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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. 151-92 be passed. Motion seconded by Councilor Martin. Councilor Loughry asked about the terms being three years instead of two. Mayor Lam pointed out it is a three-year project, and there needs to be continuity. Term limitations were also discussed. Councilor Martin noted that this is determined by the voters. He believes we need the three year continuity to get this off the ground. Mr. Berzina explained that they are not sure what the role of this board will be after the Center is in operation. You may want some continuity in that one citizen position appointed by the Council. Mayor Lam pointed out that the County Commissioners have approved this, and did not see any problem. Councilor Thompson commented that he is not speaking of elected officials, but of the citizens who are appointed. He just feels there should be a beginning and ending committee term. Mr. Berzina pointed out that we are on a clock, stating we need to get an architect on board, and continue land purchases. Curtis Smith stated he had no preference as to term limitations. What they have been doing up to now is operating without any authority. They cannot ask people for money until this action is taken. He stated they are losing momentum, and will soon be losing money if they don' t get moving on it. Mr. Berzina stated we will receive bond funds tomorrow. We need this enacted now to make provision as to what we do tomorrow. These points can be taken care of as soon as both bodies meet again if they are agreeable to it. Councilor Hawkins stated they have not had any input in this until today. Mr. Berzina pointed out that if they don' t agree with this today, they don' t have an agreement. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, and Martin Nays: Councilors Loughry and Hawkins The City Council recessed at 10 : 25 a.m. , and reconvened at 10 : 40 a.m. 132 Item 10a RESOLUTION NO. 152-92 RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR SCOTLAND PARK TO HARPER & ASSOCIATES, PLANO, TX FOR MIRACLE RECREATION EQUIPMENT CO. Moved by Councilor Thompson that Resolution No. 152-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 153-92 RESOLUTION TO AWARD BID TO SCALES CONSTRUCTION COMPANY FOR PROJECT TO RELOCATE SANITARY SEWER LINE ON EAST SCOTT STREET (US HWY 287 BUSINESS) Moved by Councilor Martin that Resolution No. 153-92 be passed. Motion seconded by Councilor Loughry, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 10c Moved by Councilor Loughry that the bid for 1000 gallons of Malathion concentrate be awarded to American Cyanamid Company in the amount of $17. 53 per gallon. Motion seconded by Councilor Martin, and carried unanimously. Item 10d RESOLUTION NO. 154-92 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE LYNWOOD EAST OVERLAY PROJECT Moved by Councilor Thompson that Resolution No. 154-92 be passed. Motion seconded by Councilor Hawkins. Councilor Thompson stated this will improve the conditions on the streets which broke down during the Red Fox paving. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Martin, and Hawkins Nays: None 133 Item 10e Moved by Councilor Farabee that proposals for the City' s insurance be awarded, as follows, for a total amount of $73 , 553 . 10. a. Arthur J. Gallagher - Building and Contents - $16, 582. 10 b. Arthur J. Gallagher - Extra Expense, City Hall - Included c. Williams-Dwyer - Excess Workers ' Compensation - $47,524. 00 d. Arthur J. Gallagher - Boiler and Machinery - $5 , 104 . 00 e. Bayless-Hall - Electronic Equipment - $4 , 343 . 00 Motion seconded by Councilor Martin. Mrs. Stricklin addressed questions posed by Councilor Martin on bids less than $10 ,000. He also asked why we cannot do this locally, and not come before the Council. Mr. Berzina stated that when we know it will cost more than that amount, we cannot break it down lower. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Hawkins Nays: Councilor Martin ate Item lla Discussion was held on the report from the storm water detention task force. Councilor Thompson stated he was on the Council when this was originally proposed. He is still firmly committed to the need for it, but questions who will pay for it. Councilor Hawkins stated he does not support the present ordinance, stating it appears to be more of a band aid than a solution. He feels it needs to be broken up into watershed areas of the City. He suggested that the staff identify the watersheds and come back with a recommendation for each. He expressed concern about Sunset Terrace and Sheppard Air Force Base, stating we need to look at the overall picture. Councilor Farabee endorsed this report, stating he wants the liability taken away from the developer and given to the City. As far as the commercial, he feels the ordinance should be kept as it presently states. We should keep storm water detention as part of the program, but not make it blanket for residential. He also suggested that the staff look at various watersheds. Runoff patterns in zero lot lines need to be looked at. Councilor Martin favors retaining storm water detention as we have it. Street design, landscaping, parks, etc. , are tools to use in storm water detention. He favored changing the liability for maintenance to the city, and not the developers. , Councilor Loughry noted that progress and growth are needed. Retention could probably help in treating this water. He favored looking at watersheds. Channelization needs to be watched. Mayor Lam stated that without an overall plan we are again approaching the subject from the back door. A report from the APWA noted it must be an overall drainage plan on how detention will work. Plans will be brought forth by the developer and his engineer. The biggest thing that worries him is that this community will not receive a dollar for dollar spent. Housing which will be needed at Sheppard Air Force Base is inexpensive housing. It is a matter of economics and being competitive in producing affordable housing. He stated he would like to see an ordinance brought back accepting the report on how detention 134 Item lla, cont'd. will be provided in various sections and areas of concern. He would like to have the opportunity to vote on this recommendation. Other discussion continued on who will maintain detention ponds, with Councilor Thompson stating he does not believe there is a lot of disagreement with the City paying for this liability. They want to work with the developers, but does not believe we can sell out the interest of our citizens. He would be willing to hear how we can finance it and relieve the developers. Councilor Hawkins believed Tanglewood is in much more danger of flooding from the Wichita River than from homes being built. Mayor Lam believes that the staff owes to the people how it will impact most, and how it would be implemented if the City bore the cost. Mr. Berzina stated there are so many things they are looking at with a system of choices. It goes back to the choices of channelization as opposed to taking care of it on site. The cheapest way to handle it is on site. The staff will say it may not be the best, but it is the cheapest. It will still go to the same drainage basin as they said in the 1950 ' s and 60 ' s it would. What has changed is the development taking place. The Council looked at it in 1988 and amended the plan brought up by the original task force. What we have tried to hang on to is the ordinance says if you are going to develop an area, when you are through you will cause no more runoff than what existed before. You can totally throw it out and not have the benefits of retention. You can do it by channelization, which will be long term. He does not think they will want the staff to do the engineering for the developers. There may be some techniques which can be used before we get to the pond. Mr. Bonnett stated that when you look at the concept of storm water management you use both detention and channelization. It is a tool to be used. He believes we are getting a dollar for every dollar spent. In the current ordinance there is a statement that it is not the purpose of using a sole method. It is limited only by the creativity of the engineer, including cost. Mayor Lam suggested that the Council look at this two weeks from now, with options that remove the maintenance liability to the developer; an ordinance that in essence is what the storm water committee reported; ideas and information from the staff on what can be done; and maintain some kind of storm water retention for both residential and commercial. Mr. Berzina stated they will look at areas where detention is most needed. Mr. Bonnett addressed the present ordinance providing if developers can get water to the channel they do not have to do detention. Somewhere there is a lot of flexibility as to how it is done. Item llb Discussion was held on the proposed First Responder Program. Mayor Lam explained that he has a commitment at lunch, and will turn the meeting over to Councilor Farabee. Mr. Berzina stated they have made arrangements to have a presentation on it by Fire Chief James and Mike Harmon, Lifeline Ambulance. Chief James addressed the medical first responder program, stating the Fire Department would be involved in patient care and fire protection. He stated that he believes the system is manageable. Training and certification cannot have any involvement by the Fire Department training officer, but Al Garcia is certified to train the first responder program. Emergency Care Attendant is the best level of certification 135 Item 1.1b, cont'd. required. He stated that the 9-1-1 system is in place for dispatching. When it is determined to be a first responder call, the dispatcher would say that it is. He also discussed liabilities associated with the first responder program, such as an employee acting outside his scope of training. The traffic accident liability is also higher. The impact of fire protection was also discussed, such as location of fire stations throughout the city. Most areas have four minute response time; the number of fire department responses and where they occur; the number of first response calls and where they occur. Tanglewood and Rathgeber cannot be reached in four minutes, especially if an engine is out on another run. The frequency map was addressed, stating their busy engine companies have become busier. The central area of town would be more impacted. A fire company is out of service from ten minutes to in excess of one hour. It will likely create additional overtime for runs and training. He stated it will not likely cause any recall of off-duty personnel. Simultaneous incidents could cause overtime. Chief James stated they have absolutely no desire to run EMS. They don' t want the cost. Personnel problems are caused by paramedic burnout. Lifeline provides a good service. He feels responders is a dual response program. Mike Harmon, Lifeline Ambulance, explained how the response is initiated. Dispatchers have a structured list of questions to be asked. This determines the priority of the call. They will have excessive response time if all ambulances are in use. „ This is where the first responder program would come in. He explained how they would determine if they needed to activate the first responder program. Councilor Martin confirmed that as soon as the ambulance arrives, the Fire Department is through. It was noted that Lifeline would take over, but they would remain on the scene. Lifeline still has contract obligations for response time. Councilor Hawkins asked if there is a percentage of firemen who do not want to do this, and Chief James responded in the affirmative. He further stated that in his opinion, the majority are in favor of first responder. Councilor Thompson feels this program will be beneficial to Distract Two. Councilor Martin commended the firemen for coming forward with this plan. Councilor Hawkins agreed, asking how they will handle a situation where the person does not want an ambulance. Chief James stated they will come anyway, even though they may refuse transportation. They will not disregard an ambulance. Mr. Berzina stated that if a patient wants the Fire department to keep giving aid, we will still be involved. Our first responsibility is fire fighting. They need to be totally prepared for someone to say they are playing doctor. It will happen. In an ambulance business, the cities say they lose a 440 lot of money. The collection rate plummets to thirty-five to forty percent. The Fire Department is basically at its maximum. This is a whole new set of training which takes away from the first responsibility of fire protection. Greater exposure to liability was well addressed by Ronnie James. At times this may run us short of men, vehicles, and equipment. There will be periods which we will have extensive outage. Ronnie James stated that as a rule if there is another fire in that area the officer has the discretion to send another engine to that one. Councilor Martin commented that with the extra duty of first responder it would seem they would have to abandon it and go to the fire. Chief James stated that most systems are designed to make the medical run first. Mike Harmon noted there would probably be some liability involved here. Councilor Hawkins asked about an increase in manning. Mrs. Stricklin stated that the cities folded it in, and over the 136 Item 11b, cont'd. years they cannot determine where the increased manning occurred. Ronnie James stated they need increased manning, whether they have first responder or not. In every CPR a fireman would go with the ambulance. Mr. Berzina pointed out that with two people on the truck, we are practically helpless. They do not send one person to a fire at any time. Councilor Hawkins asked for information on the number of CPR cases involved in emergencies. Councilor Farabee asked if the City would charge people for the equipment used, and Chief James stated they would not be charged for anything. If a fireman should contract aids from a victim, the City' s workers compensation would have to pay for it. Councilor Farabee asked about first year costs for emergency care attendant training, and Chief James stated $5,000. There is a four year certification period, at a cost of $50. 00 per person. Mr. Berzina pointed out that you only have to train and test for emergency care attendant. Certification is not required. They would like to be able to demonstrate competency, according to Mr. Humbach. Danny Daugherty, President of Wichita Falls Firefighters Association, 1711 Brazos Street, stated that their primary goal is to save lives. He stated there is a majority of fire fighters who want this program. He stated they need training. He read various letters of endorsement. He stated this is not a labor vs management, and he is not advocating taking over the ambulance. They can get training which will enable them to perform. He feels the mechanics are in place with fire stations strategically located. Councilor Farabee asked if the firefighters association would ask for certification pay if this is enacted? Mr. Daugherty stated not at this time. He stated that certification pay and longevity is not something that would be on the agenda. Earl Foster, 4817 Marsha, mentioned cities in Texas who have this or some other kind of response program. Bob York, 2805 Cunningham, appeared as Legislative Director of the Wichita Falls Firefighters Association. He stated this is a win-win situation for the City. He stated they will have some situations that come up and tax the system, but they will make it work. Nick Reyes, 1508 Buchanan, felt this program would be of benefit to the city. Mr. Berzina stated this has to be structured as to what will work and what won' t. There is a public education process involved on what this program is. Jeff Howard, 2104 loth, a former fire recruit and a small business owner, stated public education is a must. He hoped the decision made would be a common sense one. Al Garcia, appeared as the public and as a firefighter. He noted that his wife in labor had their child at home. He stated that the firemen will be trained, with various certifications. Mr. Berzina asked if delivering a baby would be part of first responder, and Mr. Garcia thought it would be an emergency because of life threatening of a child. Mr. Berzina noted that children have been delivered at home for many years. Councilor Thompson noted that one way to gain information is to get a copy of the policies and programs of all these cities. Mr. Berzina urged that they let the staff draft an ordinance for consideration at the next meeting, or the following one. Councilor Hawkins felt we would be shorting our citizens if we don' t go with this. He knows at times it will be an extreme burden. He also believes it will cost the taxpayers 137 Item :llb, cont'd. more money. The Council agreed to direct the staff to draft a proposed ordinance. Item llc Randy Russell, of Burkburnett, stated there is a problem at Lake Kickapoo that affects renewal of leases. He related a personal problem of the bank not financing his loan if the lease cannot be renewed. He stated he would like for a decision to be made as to whether they are going to renew the leases or sell the property. Mr. Berzina explained there will be a committee appointed to study the lakes. The committee will probably meet sometime this fall. There are other options which will be considered. There is a possibility that no more leases will be made. Councilor Farabee noted that their options are open. Mr. Berzina also stated there are other problems than just extending the lease, and he hopes the committee will address some of these problems. There is the cost of the lease. If it is extended, it will not be at $41. 00 a year. He also noted junk at the lakes. This committee will have to have lake residents and non- residents, also, for a very objective committee. Mansel Keith has lived at Lake Kickapoo since 1967. He is retiring in about a week, and would like to sell his lot out there. The investment he has in his home out there is part of his retirement. He would like some answers on what he can and cannot do. Some of the leases were cancelled for non-payment. They came up with a new figure for leasing those lots which were in default. He would like to have one of those modified leases which people have who were in default. Councilor Farabee noted that the Council will press on with this. J. B. Holt, owner of Safeplay Manufacturing Company located East of town, stated that the land is owned by Jack Helmcamp. They did not have any water there. He got permission from the Railroad and Highway department to get water. He put in a one- inch water line. He stated he only uses 2500 to 3000 gallons per month. He stated he cannot afford $21, 000 for a meter, and he is not going to haul water. He requested a smaller meter, and he would run a line to it. Mr. Bonnett stated this situation first came to their attention in April, 1988. The City ordinance prohibited transferring water from one property to another. He discussed various letters that were sent in regard to this matter. In March, 1991, they became aware of a line which had been installed to Mr. Holt' s property. The ordinance allowing sale Aft of water outside the City is only for residential use. A non- annexation agreement is needed for non-residential use. They sent several letters to Mr. Helmcamp telling him to disconnect. They have been given thirty days notice to remove the meter. ,, The thirty days notice expires September 17, 1992. Mr. Bonnett stated that the City of Wichita Falls owns the line. Mr. Helmcamp and Mr. Sinclair have non-annexation agreements. A water line has to be extended to this property on all non- annexation agreements. Mr. Berzina noted that Mr. Holt is here to see if the Council will waive the ordinance for special provisions by him. Councilor Hawkins stated he has a lot of problems with this, but he is representing the citizens now. Mr. Berzina stated the City can impose conditions if they are uniformly applied. Mr. Bonnett stated the size of line is for fire protection. Councilor Thompson suggested we leave the water on until they meet again, but he doubts that the Council will approve the extension of a one-inch water line. 138 Item lld I Councilor Hawkins asked that the street at the corner of Hooper and Green Tree be looked at for possible collapse. Councilor Loughry asked that the ditch at the corner of Iowa Park Road and Harris Lane be inspected for trash. He also mentioned that two additional street lights may be needed on Lawrence Road. Nothing was presented under Item lle. The City Council adjourned/at 1: 55 p.m. PASSED AND APPROVED this 6%-&" day of LA/ 1992 Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk