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Min 12/20/1991 834 Wichita Falls, Texas Memorial Auditorium Building December 20, 1991 Item 1 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 - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Don Kirkham - (Absent) The invocation was given by Robert Prothro, Trinity Baptist Church. Item 3 Moved by Councilor Martin that minutes of the meetings held December 3 , 5, and 12 , 1991, be approved. Motion seconded by Councilor Farabee, and carried unanimously. Item 4a - 5c Moved by Councilor Thompson 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, and Martin Nays: None Item 4a RESOLUTION NO. 189-91 RESOLUTION TO AWARD BID FOR RUBBER-ASPHALT CRACK SEALING COMPOUND, 80,000 LBS. , TO CRAFCO TEXAS, INC. Item 5 Minutes of the meetings of the following boards and commissions were received. a. City/County Public Health Board - November 22 , 1991 b. Library Advisory Board - November 26 , 1991 c. Commission on Disability - December 2, 1991 835 Item 6a ORDINANCE NO. 106-91 AN ORDINANCE ADOPTING A REDISTRICTING PLAN TO CHANGE THE MUNICIPAL COUNCIL DISTRICT BOUNDARIES OF THE CITY OF WICHITA FALLS Moved by Councilor Thompson that Ordinance No. 106-91 be passed. Motion seconded by Councilor Hughes. Richard Esparza, representing Mexican American Democrats of Texas, opposed Plans 1, 2 , and 3 , stating they are keeping the minority district more or less the same percentage as it was before. He stated he feels there is no possibility for hispanics to be elected in Wichita Falls. He supported Plan 4 to increase members of the City Council so that the Mexican community will have a representative in Wichita Falls. He stated they have had no Mexican representative in Wichita Falls, unless they live in another district. He would like to do away with the at-large position. Mayor Lam pointed out that Plan 4 does not change an at-large elected position. Councilor Thompson agreed, stating Aft they are asking for a plan to be submitted to the Justice IJ Department to have a charter election in November, 1992 , to have all council members elected by district. Mr. Esparza stated they wanted to increase council members so that the hispanics can have a chance to have some input into the redistricting plan, and have a hispanic district. He further stated they would like the opportunity to bring in their experts to advise them which plan is the best way to go. W. C. Young, 1018 Widows Lane, asked if the Council can put a charter amendment on the ballot without going to the Justice Department, and Mayor Lam replied in the affirmative. Councilor Thompson stated every plan they have seen has been flawed in some manner. He stated that he learned this morning that Plan 4 crosses several precinct lines. With that in mind he would like to see us adopt a plan that comes as close as possible to Plan 4, and have a statement submitted to the Justice Department that we are holding a charter election in November, 1992. He wanted information provided to the citizens so that they can make intelligent decisions. He stated his preference is Plan 4. If that is not possible he will support the plan that is closest to it. He would like to submit an interim plan to the Justice Department. Councilor Farabee stated that when he spoke with some of the members of the redistricting committee, they had not seen Plan 4, but they had the feeling that was the direction in which we were moving. They were not asked about it. He stated Plan 4 violates three precinct boundaries. He has no problem with taking a 6-1 plan to the voters, and would encourage this body to take it to the citizens in November, 1992. He also wants the redistricting committee to feel that they have input. This committee made a recommendation to the Council of Plan 1. He would recommend Plan 1, with a notation that they would encourage an election to be held in November. Councilor Hughes explained that he agrees with a lot of what has been said by Councilors Farabee and Thompson, and asked Mr. Humbach what they can legally do as a body. Mr. Humbach emphasized that this Council cannot delegate an act to bind a Council at a later date. They can make a recommendation that it be done. They cannot make a decision today to call for a charter election. Councilor Thompson stated if it is not done we will be in Court. 836 Item 6a, cont'd. Councilor Martin emphasized that Plan 4 splits Precincts 4, 26, and 30. Chances of it getting by the Justice Department are slim and none. Plan 1 is the best, and we can recommend that an election be called in November. He recommended that the committee stay intact for the purpose of studying it. Councilor Loughry stated that he agrees with Councilor Farabee about the Committee ' s feelings about a plan they have not seen. He favored Plan 1. An amended motion was made by Mayor Lam that Exhibits A and B attached to the ordinance be designated as Plan 1, and that this Council desires, encourages, and feels morally obligated that the Council sitting in November, 1992, give the citizens an option of voting on a charter amendment. Motion seconded by Councilor Hughes. Mr. Humbach addressed the amount designated for the consultant as $15 , 000 , plus an additional estimated amount of $8,000 , none of which was budgeted. The amended motion for passage of Ordinance No. 106-91 carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None A group of children were present from Bonham School to present a pledge against drugs to the Mayor and City Manager. Item 7a RESOLUTION NO. 190-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE NORTHEAST DRIVE DRAINAGE PROJECT, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thompson that Resolution No. 190-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 7b RESOLUTION NO. 191-91 RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING PURCHASE OF PORTABLE RADIOS FOR POLICE DEPARTMENT Moved by Councilor Martin that Resolution No. 191-91 be passed. Motion seconded by Councilor Hughes. 837 Item 7b, cont'd. Chief Harrelson recommended the General Electric bid over Motorola because of conversion costs, stating General Electric is compatible with everything they have. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 7c RESOLUTION NO. 192-91 RESOLUTION NAMING POLLING PLACES FOR CITY ELECTIONS UNDER THE NEW REDISTRICTING PLAN Moved by Councilor Martin that Resolution No. 192-91 be passed. Motion seconded by Councilor Hughes. Mrs. Thomas noted changes in two polling places. City Box 6 will be located at Washington Elementary, and City Box 7 at Fannin School. Moved by Mayor Lam that the Resolution be amended to provide for those changes. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 8a Moved by Councilor Farabee that the bid for four, one-half ton pickups be awarded to Karl Klement Ford-Mercury, Inc. , in the amount of $43 ,468. 04. Motion seconded by Councilor Thompson. Mayor Lam noted concern from the new car dealers about this business going out of town. Mr. Berzina noted we have to follow state bidding procedures. Discussion followed on reviewing bidding procedures with our vendors again in the form of another seminar, and other ways to keep them informed. The motion carried unanimously, with Councilor Hughes away from the Council table. Item 8b Moved by Councilor Martin that the bid for three, three- quarter ton pickups be awarded to Herb Easley Chevrolet in the amount of $41, 260. 26. Motion seconded by Councilor Farabee, and carried unanimously, with Councilor Hughes away from the Council table. 838 Item 8c Moved by Councilor Hughes that the bid for two, one-ton cab and chassis be awarded to Karl Klement Ford-Mercury, Inc. , in the amount of $25,990. 04. Motion seconded by Mayor Lam, and carried unanimously. Item 8d Moved by Councilor Hughes that the bid for one, one-ton pickup be awarded to Karl Klement Ford-Mercury, Inc. , in the amount of $14,393 . 00. Motion seconded by Councilor Thompson, and carried unanimously. Item 9a Mrs. Stricklin presented the Affirmative Action Report, for a six-month period. Councilor Thompson felt we are not making significant progress in affirmative action, stating that blacks are not being given a fair share of the work going on in our city with the contractors. Mr. Berzina pointed out that there is no difference in the eyes of the federal government whether they are black or brown. In terms of complying with federal law, it is more than working. Mrs. Stricklin noted that she would look into contractors hiring of more blacks, if they receive qualified applicants. We cannot force them to do so, however. Mr. Berzina commented that the contractors have a corps of people in the hispanic work force that have developed the skills needed, and they are very portable from job to job. Item 9b W. C. Young, 1018 Widows Lane, noted meetings at the Holliday Creek Gardens Apartments. Charles Thomas, 4510 Shady Lane, appeared in regard to the burglar alarm ordinance, stating that by this time of year they are having to police their property themselves because at $40. 00 a call they cannot afford to have the alarm people call the police. He suggested a system that after six alarms they might meet with the alarm people and the police department. Mayor Lam suggested that the Chief look into this ordinance to see what can be done. Mr. Thomas also mentioned property on the Jacksboro Highway which floods since curb and gutter has been installed. It is Big State Grinding. David Finley, County Extension Agent, addressed a water bill they received on the 4-H Barn property, in the amount of $568 . 20. He requested an adjustment on the sewer charge portion of the bill. Mayor Lam suggested they consider their average rate on this one time basis at a future council meeting. 839 Item 9c Councilor Loughry noted rough streets at Jacqueline and Manchester at Beverly. He also noted work which needs to be done at the airport terminal, along with a leak at American Eagle. He also mentioned a school crossing zone at Kemp and Avenue O. Mr. Parker explained that it is a school crossing, and not a school zone, and they don' t have any problems on Kemp, stating that if there are no gaps in the traffic they will have problems. Councilor Martin thanked Mr. Bonnett and Mr. Parker for the courteous expeditious manner in which they have handled certain complaints. He also commented on the beauty of Harold Jones Park decorated for Christmas. Councilor Farabee asked about the locations for Christmas trees to be taken this year for composting. Mr. Dockery stated that the drop off locations will be at Kiwanis and Lucy Parks. Councilor Thompson and other members of the Council wished all a Merry Christmas. Item 9d Mr. Berzina addressed the progress of the Holliday Creek project with the Corps of Engineers in Tulsa. Mr. Bonnett noted a public hearing on the Plum Creek project on January 16 , 1992. Mr. Berzina noted activity in the housing area, and tracking programs which may be pursued with matching funds. Mr. Dockery explained that Resolution Trust Corporation has made available five properties in the city to applicants at no cost. Block grant funds would be used to rehabilitate the properties. The applicant would have to get final approval for the loan. It will provide affordable housing and put them back on the tax rolls of the City. Item 9e The City Council recessed into executive session at 10: 35 a.m. , according to Article 6252-17, Sections 2 (e) and (f) , VACS. The meeting reconvened at 11: 12 a.m. Mayor Lam announced there is no other business to conduct, and no appointments to be made. He urged citizens to make applications for these vacancies. The City Council adjourned at 11: 15 a.m. PASSED AND APPROVED this - :/ day 1992. r% Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk