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Min 04/07/1992 1 Wichita Falls, Texas Memorial Auditorium Building April 7, 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 Paul Hughes - J. W. Martin - Don Kirkham James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Rob Mangum, Christ United Presbyterian Church. Item 3a Terry McGuire, Transportation Department, was honored as Employee of the Month for April. Mayor Lam presented him with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to a theatre and dinner. Mayor Lam presented proclamations for National Library Week and Week of the Young Child. Item 4 Moved by Councilor Thompson that minutes of the meeting held March 17, 1992 , be approved. Motion seconded by Councilor Farabee. Councilor Loughry noted that the makers of the amended motion and the second were reversed in Item 7a, Page 889. The motion, with correction, carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None 2 Items 5a-7g Item 7f was moved to the regular agenda. Moved by Councilor Kirkham 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 Kirkham. Nays: None Item 5a RESOLUTION NO. 52-92 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #0055-026-0000 Item 6a RESOLUTION NO. 53-92 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE LANDFILL SOIL LINER VIII and WET CELL I PROJECT Item 7 Minutes of the meetings of the following boards and commissions were received. a. Library Advisory Board - February 25, 1992 b. Wichita Falls Wichita County Public Health Board - February 28 , 1992 C. Planning and Zoning Commission - March 11, 1992 d. Board of Electrical Examiners - March 12, 1992 e. Zoning Board of Adjustment - March 18 , 1992 f. Traffic Safety Commission - March 4, 1992 Item 7f Moved by Councilor Kirkham that minutes of the meeting of the Civil Service Commission be received. Motion seconded by Councilor Hughes. Councilor Kirkham commented on the wording of the discussion on the executive session, stating it appears the decision was made before they voted on the motion. Councilor Loughry commented on the nepotism policy concerning waivers. Mr. Berzina explained that the nepotism policy has been affirmed by the Supreme Court. Regarding Councilor Kirkham' s question, Mr. Humbach explained that the Commission was advised that no action could be taken in executive session. Moved by Councilor Kirkham that receipt of minutes be delayed until corrections have been made. Motion seconded by Councilor Loughry, and carried unanimously. 3 Item 8a A public hearing was opened on use of revenue sharing funds in the amount of $12 , 000 for street median improvement. Jack Murphy explained that the Highway Department will cost share with the City on this project at Old Jacksboro Highway near Central Expressway. No one else desired to be heard, and the hearing was closed. Item 9a was withdrawn from the agenda. Item 9b ORDINANCE NO. 23-92 AN ORDINANCE AMENDING SECTION 14-84 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS IN ORDER TO UPDATE THAT SECTION OF THE CITY ELECTRICAL CODE Moved by Councilor Kirkham that Ordinance No. 23-92 be passed. Motion seconded by Councilor Thompson. Mr. McKinney explained that the ordinance allows for the use of 14 gauge wiring approved by the National Electrical Code. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson Hughes, Martin, and Kirkham Nays: None Item 9c ORDINANCE NO. 24-92 AN ORDINANCE REZONING APPROXIMATELY 138 ACRES OF LAND PRESENTLY ADDRESSED AS 4310 & 4340 SEYMOUR HIGHWAY, WICHITA FALLS, TEXAS, TO CANYON TRAILS PLANNED UNIT DEVELOPMENT (PUD 92-04) ZONE Moved by Councilor Kirkham that Ordinance No. 24-92 be passed. Motion seconded by Councilor Hughes. Mr. Bonnett commented that they are looking at drainage very carefully in this area. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham. Nays: None 4 Item 9d ORDINANCE NO. 25-92 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Farabee that Ordinance No. 25-92 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9e ORDINANCE NO. 26-92 ORDINANCE WAIVING SECTION 22-1(a) ( 9 ) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND CONSUMPTION OF BEER DURING AN EVENT TO BENEFIT THE KIDNEY FOUNDATION BY THE RUNNER'S CLUB MAY 16, 1992 IN HAMILTON PARK Moved by Councilor Hughes that Ordinance No. 26-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9f ORDINANCE NO. 27-92 ORDINANCE WAIVING SECTION 22-1(a) (3 ) , SECTION 22- 1(a) ( 5) , SECTION 22-1(a) ( 9) , SECTION 22-3 , and SECTION 22-4 OF THE CODE OF ORDINANCES AND SECTION 5420 OF THE ZONING ORDINANCE TO PERMIT VEHICLES ON GRASS, OVERNIGHT CAMPING, SIGNS, USE DURING CURFEW HOURS, AND OWN THE SALE AND CONSUMPTION OF BEER DURING THE CHILI EVENT PROPOSED BY THE JAYCEES JUNE 17-21 , 1992 IN JAYCEE PARK Moved by Councilor Thompson that Ordinance No. 27-92 be passed. Motion seconded by Councilor Martin. Mr. Murphy confirmed that overnight camping is for security and the vendors. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None 5 Item 9g ORDINANCE 28-92 ORDINANCE WAIVING SECTION 22-1 (a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING A FUN RUN EVENT BY THE M.S.U. BRANCH OF THE ASSOCIATION FOR CHILDHOOD EDUCATION, APRIL 11 , 1992 Moved by Councilor Farabee that Ordinance No. 28-92 be passed. Motion seconded by Councilor Martin. Councilor Kirkham expressed concerns about the size of the signs and the spray paint they want to put on the roads and streets, pointing out it is illegal to paint city streets. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9h ORDINANCE NO. 29-92 ORDINANCE WAIVING SECTION 22-1(a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING THE TEXAS JUNIOR SUPER SECTIONAL AND CHAMPIONSHIP MASTER TENNIS TOURNAMENT JUNE 6-13 , 1992 IN HAMILTON AND WEEKS TENNIS CENTERS Moved by Councilor Martin that Ordinance No. 29-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item l0a RESOLUTION NO. 54-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF ELECTRA TO ADMINISTER THE CITY OF ELECTRA'S HEALTH AND DENTAL PLAN Moved by Councilor Farabee that Resolution No. 54-92 be passed. Motion seconded by Councilor Thompson. Councilor Loughry asked who picks up the cost if there is a bad accident, and Mrs. Stricklin explained it will be the City of Electra. Their Council will develop an Employee Benefit Fund for their umbrella. 6 Item 10a cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 10b RESOLUTION NO. 55-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF ELECTRA TO ADMINISTER THE CITY OF ELECTRA'S WORKERS' COMPENSATION PROGRAM Moved by Councilor Hughes that Resolution No. 55-92 be passed. Motion seconded by Councilor Kirkham. Councilor Martin noted this is an excellent program to work together with other cities to hold down costs. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10c RESOLUTION NO. 56-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS DETERMINING THE NECESSITY FOR ACQUISITION OF PROPERTY FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Martin that Resolution No. 56-92 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10d RESOLUTION NO. 57-92 RESOLUTION RENAMING DOWNTOWN PARK TO BUD DANIEL PARK. Moved by Councilor Martin that Resolution No. 57-92 be passed. Motion seconded by Councilor Thompson. Item 10d cont'd. Councilor Martin noted that he agrees with the idea of letting people smell the roses while they are alive. Councilor Kirkham proposed a dedication ceremony. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin and Kirkham Nays: None Item 10e A proposed ordinance was presented amending Section 22- 91(e) of the Code of Ordinances so as to authorize the sale of concessions by private renters of the softball complex; providing for inclusion in the Code; providing for a repealer clause; and finding and determining that the meeting at which this ordinance is passed is open to the public as required by law. A motion was made by Councilor Thompson, and seconded by Councilor Kirkham, for its passage. Jack Murphy explained that only twelve dates are available for outside tournaments. He stated this is a request of a citizen to try to encourage more use and tourism. Last year they only had two private rentals. Mr. Berzina explained that when the complex was opened operation of the concession stand was discussed quite a bit. It seems kind of silly to spend the money we did on the concession stand, and have a trailer pulled up there. Discussion centered around promoting this facility outside the City, through the BCI and trade journals. Councilor Kirkham stated there are only two or three tournament teams in Wichita Falls, and that we need to promote the local tournaments. Further study was recommended on this proposal. Moved by Councilor Martin that this item be tabled for further study. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Farabee Item 10f RESOLUTION NO. 58-92 A RESOLUTION FROM THE CITY COUNCIL TO THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH Y.M.C.A. FOR THE USE OF CERTAIN BALLFIELDS AND MAINTENANCE Moved by Councilor Hughes that Resolution No. 58-92 be passed. Motion seconded by Councilor Martin. 8 Item 10f cont'd. Discussion was held on continuation of this program by the Y.M.C.A. Mr. Berzina explained that they want maintenance on a higher level than we maintain other parks. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item lOg RESOLUTION NO. 59-92 A RESOLUTION FROM THE CITY COUNCIL TO THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH Y.M.C.A. FOR THE USE OF CERTAIN BALLFIELDS AND MAINTENANCE Moved by Councilor Farabee that Resolution No. 59-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilor Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10h RESOLUTION NO. 60-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH DOUG MATHIS TO OPERATE CONCESSION STAND IN JAYCEE PARK Moved by Councilor Farabee that Resolution No. 60-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10i RESOLUTION NO. 61-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT TO JOE PISTOCCO AUTO SERVICE Moved by Councilor Farabee that Resolution No. 61-92 be passed. 9 Item 10i cont'd. Motion seconded by Councilor Hughes. Councilor Loughry commented on the City regulations about signs on the right of way. Mr. Humbach explained the law concerning encroachments on public property. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 10j RESOLUTION NO. 62-92 A RESOLUTION REVERSING THE DISAPPROVAL OF A CONDITIONAL USE PERMIT APPLICATION TO CONSTRUCT A CARPORT WITHIN THE FRONT SETBACK AREA AT 4209 PROTHRO AVENUE, WICHITA FALLS, TEXAS (C-92-10) Moved by Councilor Kirkham that Resolution No. 62-92 be passed. Motion seconded by Councilor Loughry. William Barnes, 4209 Prothro, addressed his request before the Planning and Zoning Commission, with three members absent. He suggested that either carports not be allowed, or that the applicants be treated differently when they meet the requirements. Jennie Andrews, 4204 Prothro, opposed the carport. Councilor Loughry mentioned attendance problems with these Commissions. Mr. McKinney pointed out that five affirmative votes are needed to grant a conditional use permit. Seven members were in attendance, but only four affirmative votes where received. He further stated that Mr. Barnes knew that notification to neighbors would be given. He could have appeared at another meeting by paying $50. 00 for the cost of notifying the neighbors. The motion carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: Mayor Lam Item 10k A proposed resolution was presented waiving service fee provision of Resolution 159-90 for Utility Collections and Water Distribution and Maintenance Divisions of City Water account 06- 030-06591-5. A motion was made by Councilor Martin, and seconded by Councilor Hughes, for its passage. Councilor Martin noted that he does not see that they should be charged a fee. Mr. Werner explained the process involved. He stated they encouraged her to wait and not put a stop payment on it. When it went back to the bank the stop 10 Item 10k cont'd. payment was like an insufficient check. Councilor Martin noted the City had already received its money. The motion failed by the following vote. Ayes: Councilor Martin Nays: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Kirkham Item 101 RESOLUTION NO. 63-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOPE III FUNDS AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY' S CHIEF EXECUTIVE OFFICER IN ALL MATTERS PERTAINING TO THE CITY' S PARTICIPATION IN THE HOPE III PROGRAM Councilor Farabee stated that he will abstain from voting on this item because he serves on the board of Habitat. Councilor Thompson also noted his abstention because he is President of Jerusalem Community Development Board. Moved by Councilor Hughes that Resolution No. 63-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Hughes, Martin, and Kirkham Nays: None Item 10m RESOLUTION NO. 64-92 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF CONDUCTING A FEASIBILITY STUDY OF KICKAPOO AIR PARK Moved by Councilor Thompson that Resolution No. 64-92 be passed. Motion seconded by Councilor Hughes. Harold Hawkins, 5502 Hooper, opposed the request to fund this study, stating that a deed restriction provides that it be used only as an airport for the next twenty years, and that the City, County and School will lose tax money if the City purchases it. He suggested that the Council contact the Tax Appraisal District to take a look at the appraisal of the hangars at Kickapoo Air Park. He stated a conference room and restaurant are needed at Municipal Airport. He also stated that Aviation Advisory Board Members have a vested interest. Councilor Loughry stated he feels we need to put together a business plan on this. He read a statement supporting such a plan to determine the need for this facility. 11 Item 10m cont 'd. Councilor Martin pointed out that this study would in no way commit the City to the purchase of any airport. The feasibility and environmental impact need to be determined. Councilor Thompson supported a feasibility study and a business plan. Councilor Farabee noted that feasibility studies have been made on such projects as Lake Wichita and the public library, stating this study certainly does not commit him to buy it. Councilor Kirkham noted that his primary concern is the neighborhood around Kickapoo. Just extending the runway alone will be a great expense. The study we are talking about should point out these things. He would like confirmation of his own ideas. The motion carried by the following vote. Ayes: Mayor Lam, Councilor Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item lOn RESOLUTION NO. 65-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WORLDWIDE CONCESSIONS, INC. FOR CATERING AND CONCESSION SERVICES AT THE ACTIVITIES CENTER Moved by Councilor Kirkham that Resolution No. 65-92 be passed, changing the name to Worldwide Concession, Inc. Motion seconded by Councilor Thompson. Councilor Martin inquired if the Lions Club would still be able to use the kitchen, but not the equipment, at the County Fair, and Mr. Dockery explained they will be able to do so as long as it does not interfere with the concessionaire. The motion carried by the following vote. Ayes: Mayor Lam, Councilor Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 10 : 45 a.m. , and reconvened at 11 : 05 a.m. Item lla Vernal Huffines of Mathis, West, and Huffines, presented the 1991 audit report for acceptance by the Council. He presented an overview of the report, complimenting the fiscal responsibility of this body, and the financial staff. Mayor Lam 12 Item lla cont'd. expressed their appreciation for the firm' s service to the City of Wichita Falls. Item llb Mr. Berzina reported that they are ready to recommend to the Council to proceed with the third phase of the Holliday Creek project. Plans and specifications have been furnished, and the City has to give their consent to proceed with the bids. Mr. Bonnett noted that their approval will authorize the City Manager ' s signature on the document to proceed with plans and specifications under the terms of the amendment, and go for bids. Mayor Lam noted that the City of Wichita Falls has reviewed the design with the Corps of Engineers, and are ready to proceed with bids. The amount of money involved will determine whether we accept the bids. If bids are more than twenty percent over the estimate, the Corps cannot proceed without our consent. If they are under twenty percent, they can proceed. This design will assure the safety of the citizens of Wichita Falls. Discussion continued on various aspects of the project, with Councilor Thompson expressing concerns about future problems on the East Side. Mr. Berzina pointed out that the size and width of the channel dictated the height of the spillway. The City Council cast a unanimous vote to authorize the City Manager to proceed with the third phase of Holliday Creek. Item llc Discussion was opened on lapsed leases at Lake Arrowhead under the 25-year option renewals for 1992. Some of these leases were not renewed in the time specified by the leases, and a decision needs to be made. About 20 leases are involved. Annual payment of the rent is another matter to be addressed. Councilor Martin asked about the Lake Arrowhead plat not being filed in Clay County, and Mr. Humbach pointed out that we are not selling these lots, and a plat is not required to be filed. James Kellett addressed dates of leasing and the leasing of expired lots. He also noted illegal transfers by a seller who did not actually transfer it, but subleased it instead. Virgil Wilson, 4645 Brookdale, stated that he inadvertently .: let his lease lapse for non-payment, stating this was an oversight on his part, but he did not want to lose the lease. Bill Miller stated that he lives at Lake Arrowhead. He thought he was purchasing a lease from an individual, but it was not legally transferred. He would like to have a proper lease on this property. Charlie Wilson, 4516 Lockwood, noted lots nearby that the City had taken back which were in a bad state of disrepair. He requested the City to clean up this type of property. Gene Goodier stated he is one of those whose lease has lapsed due to an oversight of non-payment in 1991. He stated 13 Item 11c cont'd. that he had notified the Park Department of his new address in 1990. He requested that he not lose his home, stating he is willing to pay a higher lease rate. Don McLaughlin asked if lapsed leases could be renewed, stating he would like to lease one next to him. A lengthy discussion continued with various council members expressing their thoughts and concerns. Councilor Hughes pointed out that the taxpayers in Wichita Falls are required to pay for new paved roads out there, and he does not think it is fair to the citizens to give the leaseholders a $48 a year lease, with no taxes being paid to our city. Mr. Humbach explained that a judgment will shortly be entered giving us until December, 1994, to put in a double penetration road. He expects it to cost up to $340,000 to do this. We do not have any tax revenues from the lake, and we need to provide for some of these costs. Councilor Martin felt the City has gotten itself into this position because the situation was not properly policed in the past. A time frame to renew was suggested, but nothing should be leased past the second 25-year furthest point. He emphasized r_ that the notice which will be going out will be the last notice which they will receive. Approaches to be considered include: 1) those approximately 20 lessees who have failed to notify the City of their option to renew for the next 25 years, 2 ) leases which have lapsed by error, and 3 ) property we take back and re-lease, or not re-lease. Moved by Mayor Lam that any current lease that has lapsed this year under the present renewal option, and the owner of lease comes in within a 90-day period after expiration and desires to renew that lease due to error on their part, that they catch up on the lease payments and pay $150 for a one-time inspection charge and Code Enforcement will go out and inspect that lot, and if it is something we still want as tenants, that they pay that lease and it be renewed under the same terms and conditions they had at the existing rate, and the same length of time they had. Motion seconded by Councilor Thompson, and carried unanimously. Consideration was given to the leases which have lapsed for non-payment. Mayor Lam suggested that the Council address a new lease rate and charge a $150 fee to re-lease them, and that the rate be addressed every five years. Moved by Mayor Lam that the staff work on guidelines and a recommended schedule and come back with a lease structure that would accurately reflect our existing costs not to exceed $1200 a year lease payments, which would apply to lapsed or new leases. Motion seconded by Councilor Farabee. Harold Hawkins suggested a pro rata share for the leaseholder. James Kellett suggested that outside people be involved in setting rates. Betty Murphy clarified discussion on Lake Arrowhead regarding the tax burden of Wichita Falls. Virgil Wilson clarified that this matter will be back on the April 21 agenda. The motion carried unanimously. 14 Item lld R. W. Wiest, 900 Reynolds, appeared regarding demolition, mowing, and other liens at 205 Brook. Following discussion on the problem, it was recommended that Mr. Dockery continue working with him for a resolution of the matter. Gene Douglass, attorney for Mr. Bob Gordon, appeared in regard to a matter for study condemning land for a drainage easement or ditch on Corrigan Street as part of the Holliday Creek project. The property lies on the East Side of Dodge Street, and a local flooding problem has been caused here. Following a discussion of the particulars, Mr. Bonnett was requested to bring back a report. Gene Robinson, 4504 Ernest Circle, stated that he owns a convenience store with a gas island at the corner of Seymour Highway and Barnett. He complained about a flea market beginning behind his property. He stated merchandise is left outside and uncovered. He presented a video of the area. Further discussion continued, with Mr. McKinney noting it is a very unsightly situation. It was thought that the man who operates this flea market is a roofer. Mr. Robinson asked that this situation be reviewed. Betty Murphy, 101 Lakewood Drive, appeared regarding being double taxed by Wichita County. She asked if the City could force the County to reimburse them for some of their expenses. She also wanted to know how the City of Wichita Falls is reimbursed for the interlocal agreements. Mayor Lam explained that the County is a level of government that has the right to tax. Mr. Berzina explained that we don' t get into interlocal agreements unless it is to our advantage. He addressed various agreements in which we participate. Skip Kolter, 4304 DeHaven, appeared as an employee of the Wichita Falls School District and representing Project Vote. He asked for the Council ' s permission to use the Mayor' s race on May 2 , 1992 , for students to vote at the City' s official polling places on election day for a school election. Mr. Humbach and Mrs. Thomas explained that under the provisions of HB 2395 , the governing body is required to formally call the student election, and it has to be done in accordance with state law. The time has long passed for doing this. The Council informed him that under the law they cannot authorized it. Charlie Wilson, 4516 Lockwood, addressed derelict structures at Lake Arrowhead on City property. He handed out pictures of one of the lots. Mayor Lam explained that in the City, if property is condemned, the owner has to pay for it. We do not have the funds to do this. This is a good argument for the City not to get into any type of lease agreement. Councilor Martin noted that less than a year ago he went on a video taping session. At the present time we cannot go back to our taxpayers for a tax increase. He hopes we can later clear it up. 15 Item lld cont'd. Mr. Berzina explained that we only have a certain number of dollars to spend, and if it is his decision he will spend the dollars here. If there is a pollutant problem to the lake, that is another matter. We plan to take care of those here first. Frankye Durkee, 1010 Harding, complained that the roads in Lakeview Cemetery need to be paved. She also mentioned Williams Park being blocked off. The City Council recessed for lunch at 2: 15 p.m. , and reconvened at 3 : 00 p.m. Item lle Councilor Martin asked that the Public Information Office stage a dedication for the Bud Daniel Park, with all city officials, police, and law enforcement people, for a date yet to be named. Councilor Hughes asked for a staff recommendation on the softball complex as to whether we are going to treat it as a park or as a facility. Councilor Kirkham asked Mr. Humbach to explain our role in cable television rate setting. Mr. Humbach explained that the City is a franchisor for the cable company the same as the telephone company, etc. This ( franchise expires in 1994 . In 1984, we lost the right to regulate rates. A cable committee has been meeting to assist the staff in forming a new franchise. He hopes that by the time the franchise expires we will again have the right to regulate rates. He encouraged the citizens to write their Congressmen and Senators to put the matter into the hands of the citizens. He and Troy Jensen are staff liaisons. Councilor Kirkham asked Mr. Bonnett about certain water valve failures. Mr. Bonnett explained they have discontinued using that valve until the casement problems can be cleared up. He also mentioned the manhole cover project on Broad and Holliday. Mr. Bonnett explained they will soon be starting that work. Mayor Lam asked Major Davis to check into a problem that Blanche Walton, 802 Marconi, is having. Also, LaVerne Smith, on Abby Street, has some type of a drainage problem, and he asked Mr. Bonnett to look into it. Bob Parker was also requested to investigate a street light at Village Glen. Councilor Kirkham asked Tom Edmondson to check into a dog situation around Covington and Clovis. 16 Item llf Mr. Berzina passed out information on providing access into the Bonny Homes area. The Highway Department does not have it on their list of things to do. There is also a memo on the Kenley Lane sewage problem. Mr. Bonnett reported that Midwestern Parkway will be closed on Saturday between Campus and Maplewood to cut in a storm sewer. Jan Stricklin gave a report on the dispatchers regarding pay and turnover. Since November 19, 1991, to now we have only had three dispatchers leave, and all of them were at our request. They have found some very satisfied individuals with their training and doing their job. Councilor Hughes commented that it appears that her recommendations are working well in this area. Councilor Kirkham noted that the 9-1-1 Board has asked for a tour of the dispatch area, and it will be on April 23 , after 5 : 00 p.m. Item llg The City Council recessed into executive session at 3 : 15 p.m. , according to Article 6252-17, Sections 2(e) and (g) , VACS. The meeting reconvened at 3 : 25 p.m. Item llj Moved by Councilor Kirkham that Carolyn Sanders be appointed to the Museum and Art Center Board of Trustees for a term to expire May 1, 1994 . (Replacing John Hampton) Motion seconded by Councilor Thompson, and carried unanimously. Item llk Moved by Councilor Kirkham that Bud Burch be reappointed to the 9-1-1 Communications Board for a two-year term to expire May 15 , 1994 . Motion seconded by Councilor Hughes, and carried unanimously. The City Council adjourned at 3 : 30 p.m. PASSED AND APPROVED this the / y of 1992 . Michael Lam, Mayor ATTEST: Wilma J. Th mas, CMC/AAE City Clerk