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Min 02/18/1992 869 Wichita Falls, Texas Memorial Auditorium Building February 18 , 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 David Adair, Southwest Baptist Church. Item 3 Moved by Councilor Farabee that minutes of the meeting held February 4, 1992 , be approved. Motion seconded by Councilor Hughes, and carried unanimously. Item 4a-6e Item 5a was moved to the regular agenda. 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 Kirkham Nays: None Item 4a RESOLUTION NO. 23-92 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON THE ATTACHED LIST OF ACCOUNTS. i 870 Item 4b RESOLUTION NO. 24-92 RESOLUTION TO APPROVE WATER PURCHASE CONTRACT WITH THE STATE OF TEXAS (TEXAS PARKS AND WILDLIFE DEPARTMENT, LAKE ARROWHEAD STATE PARK) Item 6 Minutes of the meetings of the following boards and commissions were received. a. Human Relations Commission - January 28 , 1992 b. Library Advisory Board - January 28, 1992 - c. Aviation Advisory Board - January 30 , 1992 d. Commission on Disability - February 3 , 1992 e. Traffic Safety Commission - January 8, 1992 Item 5a RESOLUTION NO. 25-92 RESOLUTION TO AWARD BID TO H & S UTILITIES, INC. FOR SEWER MANHOLE RELINING PROJECT Moved by Councilor Hughes that Ordinance No. 25-92 be passed. Motion seconded by Councilor Martin. Councilor Loughry confirmed that the engineering work on this project was done by the City. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 7a ORDINANCE NO. 12-92 AN ORDINANCE AMENDING SECTIONS 14-62 , 14-83 AND 14-84 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS IN ORDER TO UPDATE THOSE SECTIONS OF THE CITY ELECTRICAL CODE. Moved by Councilor Farabee that Ordinance No. 12-92 be passed. Motion seconded by Councilor Thompson. Dan Shine, 4110 Hughes, appeared as Chairman of the Board of Electrical Examiners, stating that the Board only approved two items, and does not understand why the third item was included. Mr. McKinney explained that all items were submitted for Council' s consideration. Only two items were approved by the Electrical Board, but the staff is recommending all three. The staff recommends approval of the 14 gauge wire. Mr. Potts explained that it is a safer wire because of the size, stating that a smaller wire will allow better connections to be made. 871 Item 7a, cont'd. Bad connections cause fires. It is recommended by the National Electrical Code. They are only used on general wiring systems. Heavier wires are still required on heavier loads. The contractors would have a choice in using this. Mr. Berzina explained that on many occasions we bring the Council information which does not have the recommendation of the board or committee. He would hope that is what the Council will want them to continue to do. The staff has this right. Bill Bird commented that the receptables are rated at 15 amps. Number 14 wire is available in Wichita Falls, stating there is a cost savings in the wiring. Moved by Councilor Hughes that the last paragraph of the ordinance be deleted, and send it back to the Electrical Board. Motion seconded by Councilor Kirkham. Councilor Farabee noted that the final say will be in the hands of the Council, but the Board of Electrical Examiners will make a recommendation. Councilor Thompson commented that if the other side has information from HUD and other labs that will refute what Mr. Potts has said then we should hear it. If not, then we should not go on. Mr. McKinney commented on discussion of 14 gauge wire, stating there were two pages of discussion on it in the last minutes of the meeting of the Board of Electrical Examiners. The motion carried by the following vote. Ayes: Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Mayor Lam and Councilor Loughry The motion to approve Ordinance No. 12-92 , with deletion of the paragraph, carried by the following vote. Ayes: Councilors Farabee, Hughes, Martin, and Kirkham Nays: Mayor Lam, Councilors Loughry and Thompson Item 7b ORDINANCE NO. 13-92 AN ORDINANCE WHEREBY THE CITY OF WICHITA FALLS, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL CONTINUE TO MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS AND LIMITATIONS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; 872 Item 7b, cont'd. PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. Moved by Councilor Kirkham that Ordinance No. 13-92 be passed. Motion seconded by Councilor Martin. Sandra Lewis, with the Dallas office of Southwestern Bell Telephone Company, gave a brief overview of the provisions contained in the ordinance. It is a five-year agreement. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8a RESOLUTION NO. 26-92 A RESOLUTION CREATING AND ESTABLISHING A DOWNTOWN REVITALIZATION COMMITTEE AND PROVIDING FOR THE APPOINTMENT OF MEMBERS Moved by Councilor Farabee that Ordinance No. 26-92 be passed. Motion seconded by Councilor Hughes. Mayor Lam commented on the purpose of this committee. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9a Mrs. Ozuna mentioned a food stamp situation concerning a United Way agency and prisoners. Item 9b <x Councilor Thompson noted that he believes the Salvation Army accepts convicted felons. He urged support of the prison. He also commented favorably on the downtown revitalization committee. Councilor Martin commended Bob Parker on removal of the lights in the downtown on 8th, 9th, and loth Streets. He also mentioned video cameras, and Major Davis explained they are being reassigned to homicide, narcotics, and detectives because they were too big for police officers to use. 873 Item 9b, cont'd. Councilor Loughry stated he would like to use our television channel for library advertising. They are already doing it on the water bill. He also wondered if the Police Department could begin looking at money for grant funding of gang activity. Major Davis explained there is a task force assigned to this. Mayor Lam commended Linda Hughes and the library staff for money they have raised. Item 9c Mr. Berzina commented that we have two enterprise zones in the city, stating they can offer advantages and concessions to those interested in locating there. He noted that a brochure will go out with BCI packets. Mr. Berzina noted that a letter came from James Kellett, President of the Lake Arrowhead Association. He noted that some leases are expiring. In the early years they received annual reminders that their lease payments were due. Mr. Berzina explained that it is the obligation of the property owners to know when it is due, and to remit same to City. He also discussed the twenty five year option. Mr. Berzina stated that the City does not at this point remind them of their annual responsibility. We have not had the experience of reminding them of the 25-year option. He asked if the Council had any direction for the staff on this. Mayor Lam and Councilor Hughes felt the City should not notify them because it would seem to place the burden of responsibility on the City, as opposed to the lessee where it belongs. Mr. Berzina also pointed out that at some point we will need to formulate a plan for the 50 years at Lake Kickapoo, which will also be coming due. Councilor Martin expressed his opposition to notification of the 25-year option. Councilor Kirkham suggested that something be placed on the television cable about the leases being due for the first option. The Council agreed to proceed on this basis. x Mr. Berzina mentioned the storm water detention ordinance, stating it provided for storm water detention if you develop. The situation we find ourselves in is that there is a difference in interpretation of the ordinance. He discussed the platting process and the effect of the detention requirements on it. It was felt the investigation should be reopened. Mayor Lam noted a committee is presently working on it. Chuck Dennis stated it is not a formal committee by the City, but a committee of developers and two civil engineering firms. Mayor Lam suggested the flood retention committee should be re-formed to look at it. Councilor Thompson mentioned flooding in Williams Park with only a small amount of rain. Mr. Berzina explained they would get the information together and bring it back to the Council to appoint a committee. I D E i 874 Jim Dockery reminded the Council of an informal bid workshop which will be held at 2: 00 p.m. tomorrow. He also stated they have not received any proposals on food service at the Activities Center. Jan Stricklin noted meetings with some small cities concerning health insurance, stating they are out of control in the health care costs. Four cities would like to enter into a contract with the City of Wichita Falls in a certain health care program. With the Council' s consent they would like to bring back the first of the four interlocal agreements for processing of their claims. Each city will maintain their own funds. We can hire in people to process their claims. We already have the 4. expertise to provide these services. Mr. Berzina stated it is to our advantage financially to do this, plus saving them money. She explained that the agreement would contain a hold harmless clause. Mr. Humbach explained that we would incur some additional liability, but that will be addressed. They are stipulating that when a workers compensation claim goes into litigation, that City would be responsible for their own legal fees. Item 9d The City Council recessed into executive session at 10 : 15 a.m. , according to Article 6252-17, Section 2 (f) , VACS. The meeting reconvened at 11: 40 a.m. Item 9e Mayor Pro tem Kirkham requested that applications be submitted for the Downtown Revitalization Committee. He noted that one member is needed from the Park Board, one from the Heritage Society, and five at-large members. Item 9f Moved by Councilor Thompson that William Archer, Dave Rhone, and Sharon Fries be appointed to the Commission on Disability for terms to expire May 31 , 1993 . Motion seconded by Councilor Hughes, and carried unanimously. Item 9g Moved by Councilor Thompson that Lynn Burton be appointed to the Landmark Commission as an at-large member for a term to expire December 31 , 1994. Motion seconded by Councilor Hughes, and carried unanimously. Item 9h Moved by Councilor Thompson that Donna K. Reynolds and Enid Moorman be appointed to the Human Relations Commission for terms to expire December 31, 1994 . 875 Item 9h, cont'd. Motion seconded by Councilor Hughes, and carried unanimously. One position each remains on the Human Relations Commission and Landmark Commission. The City Council adjourned at 11 : 43 a.m. PASSED AND APPROVED this the day of Aett"--b-' 1992. P.---, 1 v Michael Lam, Mayor ATTEST: AK-Z4�L , yt Wilma J. Thomas, CMC/AAE City Clerk I i !1 i t r'' ,A� �,-