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Min 04/23/1985 t 709 Wichita Falls, Texas Memorial Auditorium Building April 23, 1985 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas jCharles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn jJames Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer i The invocation was given by Mel E. Surface, Floral Heights Assembly of God Church. Item 3 Moved by Councilman Welburn that minutes of the meetings held March 27, April 2, and April 9, 1985, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Items 4a-7d Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a RESOLUTION NO. 51-85 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 4b RESOLUTION NO. 52-85 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE THE TEXAS CRIMINAL JUSTICE COUNCIL FOR MATCHING FUNDS TO PROVIDE FOR A COMPUTER ASSISTED TRAINING PROJECT FOR THE WICHITA FALLS POLICE ACADEMY. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5a RESOLUTION NO. 53-85 RESOLUTION TO AWARD BID FOR IMPROVEMENTS TO SEWAGE LIFT STATION AND FORCE MAIN II 'I 710 Item 5a cont'd. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 6a Authority was granted to advertise for bids for installation of an irrigation system at State Highway 240 intersection with Old Burk Road at Sheppard Main Gate. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a-d Minutes of the meeting of the Park Board held February 28, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Mayor's Commission on the Status of Women held March 7, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Kemp Public Library Advisory Board held March 11, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Board of Electrical Examiners held March 14, 1985, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 8a Pete Poore and Dutch Watson appeared concerning improvements at Weeks Park Golf Course. Mr. Watson, President of the Men's Golf Association, presented a $5000 check to Mayor Cook to be used directly on the golf course paths, rather than it going into the general fund. Mayor Cook expressed appreciation for the support of these funds, stating they want to work toward completion of the projects under construction out there. Mr. Watson stated that past tournament fees in the amount of $3.50 were previously donated by the city, and also the trail fees. They would like to see the $3.50 per man dropped. Approximately 40 to 50 percent of these men have an annual green fee permit. He stated that they are trying to beautify Wichita Falls, and get something completed at the golf course. They would like No. 1 and No. 9 tee boxes completed first. Mayor Cook stated that it was the direction and desire of the Council in 1982 to improve the golf course. They are concerned that it has taken as long as it has, and they have asked the City Manager to look into the delays. It is the Council 's desire to complete it as soon as possible. The golf course is a tremendous selling facility for the City. He further stated that they are receptive of their requests, and will look into getting it completed as soon as possible. They will also look at their request on the $3.50 tournament fee. Councilman Wilson expressed appreciation to these gentlemen for their contributions to the community. He noted that it was their volunteer labor that built the golf cart paths. I 711 Item 8b Tom Huckaby appeared in regard to the previous request of Mrs. Penland for operation of an adult day care center at 1822 Lucille. He stated that they contacted the leaders of the Southland Association. They requested a legal document that would show they were legally bound to move out within a ten-month time. The document stated that the day care center would be bound by these premises, and would be out by January 28, 1986. They would not erect any signs on the premises. In exchange for this, they requested that they withdraw their objections to the waiver. The Association did not want to sign it because they were not an incorporated body, and could not be bound. They contacted the landowners to meet at a particular location. The meeting was very poorly attended, with only three people attending within the 300 feet area. Mr. Hopkins attended for the Southland Association. They re-drew the contract to bind the property owners and the lessees, but they have not signed it. He stated that they would like to make this same agreement with the Council , that they get out in ten months. He stated that these ladies have a lot invested here. Mayor Cook stated that within a few minutes the City will be out of the enforcement of deed restrictions. If the Council passes the zoning ordinance, the City will be out of it. For the City to enter into this, it would probably be null and void after this action. Councilman Wilson stated that he feels they are in a very frustrating situation. It is enforceable from only one side. He would like to hear the City Attorney' s recommendations on what their posture will be in terms of this situation after the zoning ordinance is passed. The City Attorney stated that the law stated that enforcement of deed restrictions shall be available to cities who do not have zoning. On the effective date of the ordinance we no longer have the right to enforce deed restrictions. In the meantime, we have that authority. His office is charged to enforce deed restrictions until action is taken. It would become a non-comforming use. It would appear that if the lessees will agree to move in ten months, and the property owners would agree to not enforce deed restrictions, that something might be worked out. Councilman Palmer asked if it would grandfather this property? The City Attorney stated that the lessee could not waive anything. Only the property owner could do that. Mr. Hopkins stated that 31 of the 50 people in the people stated that they did not want this business in their area. Thirteen could not be reached, and four agreed with Mrs. Penland. He stated that all they are asking the Council to do is to give them the same consideration they would give to their own neighborhood. It is not in the best interest of the citizens of the neighborhood to allow this business in the neighborhood. They are asking that the law be maintained that is presently on the books. They do not feel that the issue is one of extraordinary circumstances that the Council should make a waiver. Mr. Hopkins stated that they are prepared to enforce their deed restrictions. Councilman Wilson felt that we should grant this waiver, and make this agreement with the property owner. Mayor Cook noted that the Council has granted waivers in several places in the City. In several places it was not 'in the best interest of the City to waive deed restrictions. Councilman Harper stated that he feels we should realize that the reason we have this ordinance on the books is to protect the neighborhoods. We had to have it because previous councils could not, or would not pass a zoning ordinance. He would hope that we would not waive this at this time. He further stated that he had been told that Mrs. Penland and Mrs. Mitchell leased this property from the owner (Mr. Whittington) on the grounds that it was commercial property. He asked if they would not have cause of action against Mr. Whittington, and Mr. Huckaby stated that they would. Mr. Heimerdinger, 1816 Elizabeth, stated that he is very much against this enterprise being in his neighborhood. He purchased this property to enjoy as a residence, and he hopes to be able to continue to do that. Mrs. James Armendarez, 1811 Elizabeth, stated that she feels the Council should not grant this waiver. Regardless of how you look at it, it is a business. She understands that they have a hardship on the financial matters, but what about all the property owners and residents in the area? She requested that the waiver not be granted. 712 Item 8b, cont'd. Mrs. Penland stated that she has talked to people in the neighborhood, and she requested that the Council grant the waiver if at all possible, but they will accept whatever decision the Council makes. A motion was made by Councilman Wilson for passage of the ordinance granting the waiver. The motion died for lack of a second. Mayor Cook explained that this matter is continued to be tabled, and they will move on. Item 9a ORDINANCE NO. 38-85 AN ORDINANCE ADOPTING A ZONING ORDINANCE FOR THE CITY OF WICHITA FALLS, TEXAS Moved by Councilman Harper that Ordinance No. 38-85 be passed. Motion seconded by Councilman Welburn. Director of Planning Roger McKinney noted the changes which have been made in the zoning ordinances. Councilman Thomas stated that he is very confused about the grandfather clauses. He noted that Foster Cathead has been placed in limited commercial . He asked what we would use this plant for if it were not to enhance the neighborhood with jobs? Mr. McKinney stated that under a non-conforming use it would be grandfathered. If a like business wanted to go in there, they could do so. Councilman Thomas asked what someone would have to go through to purchase the property? Mr. McKinney stated that the purchaser would want to be assured that he could use the property. Other factors would need to be looked at. If it were a similar type of operation, it would be permitted as a use by right. If it is not, it would go to the Planning and Zoning Commission for a conditional use procedure request. Councilman Thomas stated that we are supposed to grandfather these things. This business has been there for many years. Mr. McKinney noted that expansion of a non-conforming use is authorized, except in residential areas, if it meets the other requirements in terms of parking, number of employees, etc. Councilman Thomas stated that he does not feel it is spelled out in the ordinance in simplified form that it is grandfathered. He asked if they could form a committee to discuss and iron out these things? Mayor Cook stated that the ordinance provides for that. Mr. McKinney stated that the non-conforming usage was discussed as much or more than any other portion of the ordinance. Doc Anderson stated that he has a contract on this property now, but they do not know exactly what they want to use it for. Councilman Harper suggested that the buyer come to the Zoning Commission, and discuss it like everyone else does. He could ask Mr. McKinney' s office if his use fits within the ordinance. Councilman Thomas pointed out that they do not know what they want to use it for. Mayor Cook stated that will be the case with any speculative property. Councilman Harper asked about the height of buffer fences? Mr. McKinney stated that height is not addressed. Councilman Harper asked if that should'nt be done in order to save arguments? Mr. McKinney stated it would have to be at least six feet because of privacy fences. Situations would vary. Councilman Harper asked who will say? Mr. McKinney stated the staff first, and then the Board of Adjustments. Councilman Harper asked what criteria the staff will use? Mr. McKinney stated that they will have to look at the site. Councilman Wilson asked about the measuring of space between signs. He recommended 500 feet. Some of the members felt that might be a little excessive. The way it is written is from point to point. He would suggest measuring from sign to sign in any district. Mr. McKinney stated that was the intent, but in a residential area it would be measured from the lot lines. Councilman Wilson agreed with this. Bob Seabury presented the plan for the use of his property on Southwest Parkway. He stated that he consulted with a land planner in Dallas. 1 713 Item 9a, cont'd. He suggested that if he brought Shepherd' s Glen on up to Southwest Parkway, r, the result would be to take traffic off those old streets in Sikes, and at the same time they would be creating a wider buffer zone to those residences on Amherst Street. The buffer is 240 feet wide. It will be single story construction only, and it will extend Shepherd's Glen, also. Deed restrictions will also be placed on those properties to assure that they would be single story construction. Councilman Harper stated that Mr. Seabury has offered to plant trees in the aqueduct, if the residents will water them. If the Council will give them permission to proceed, they will do a lot of things in the aqueduct. Mr. Seabury will also build a seven foot fence. Councilman Harper stated that they would want them to be permanent type trees; not mulberry or willow. Mayor Cook thanked Mr. Seabury for putting something on paper that the residents can see. Jerry Leopold, 2507 Amherst, stated that the decision of the residents was not unanimous, but them compromised and agreed with the principles set out by Mr. Seabury. They do accept the restrictions of Mr. Seabury. He stated that from a personal viewpoint, he feels that zoning is needed. The Council agreed to make these changes to the map in the ordinance. Howard Copeland, 1121 Amber, stated that the property behind him has been designated for a motel . There are three houses adjoining his place which front Maurine Street. Mr. McKinney stated that the whole block is designated as single family residences. Mr. Copeland stated that these people have contracts for a commercial operation. Mayor Cook noted that it is all residential now, and the people would be bound by that. In the event they came in for a proposed re-zoning, all the property owners would be notified. Councilman Wilson stated there is a possibility that if this ordinance is passed, it could possibly occur before it goes into effect. There are all single family dwellings on both sides of the street. Larry Baker appeared regarding his five lots on the West side of Loretta Street. He stated that he purchased this property from the same lady who came before the Council last time. The person who made this suggestion has not paid their taxes for the years 1981 through 1984. They are now wanting to sell the property, and the person interested in it wanted it to be residential . He would like to see this property remain general commercial , instead of single family two. Mr. McKinney stated that the property was originally designated general commercial . The lady was having trouble selling her house. The property in Northridge is designated residential , and the staff was instructed to bring it on over to the rear lot lines on Loretta Street. Councilman Swift asked how you buffer it? McKinney stated that it would be done by set-back and screening requirements. Mr. Baker stated that he is aware of this. The Council agreed to the change, and instructed the staff to make those changes. The motion for passage of Ordinance No. 38-85 was carried by the follow- ing vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Councilman Harper noted that the City of Wichita Falls just moved into the twentieth century. Item 9b Moved by Councilman Harper that action be delayed for further study of a proposed food vending ordinance. Motion seconded by Councilman Palmer, and carried unanimously. 714 Item 9c ORDINANCE NO. 39-85 ORDINANCE WAIVING ORDINANCE NO. 2491 AS AMENDED AND ARTICLE II OF CHAPTER 25 OF THE CODE OF ORDINANCES TO ALLOW SALE OF BEER AND TEMPORARY OPERATION OF A PUBLIC DANCE HALL AT KAPPA SIGMA FRATERNITY' S UNITED WAY BENEFIT DANCE AT THE 4-H BARN ON MAY 3, 1985. Moved by Councilman Thomas that Ordinance No. 39-85 be passed, with an emergency provision. Motion seconded by Councilman Harper. It was noted by two faternity members that the proceeds will be donated to United Way. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9d ORDINANCE NO. 40-85 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES CONCERNING SIDEWALK REQUIREMENTS ALONG GALVESTON STREET ON COMMERCIAL PROPERTY HAVING A STREET ADDRESS OF 2108 HOLLIDAY AND DESCRIBED AS BLOCK B, LOT 25-A, WYATT SOUTHSIDE ADDITION. Moved by Councilman Palmer that Ordinance NO. 40-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9e ORDINANCE NO. 41-85 ORDINANCE TO RESCIND ORDINANCE 120-83 AND TO AMEND SECTION 32-1 OF CODE OF ORDINANCES TO REQUIRE A DELIQUENT SERVICE FEE OF FIFTEEN DOLLARS ( $15.00) Moved by Councilman Thomas that Ordinance No. 41-85 be passed. Motion seconded by Councilman Welburn. Mayor Cook suggested that we incorporate in the ordinance situations where fees might not be necessary because of computer programs, etc. Fred Werner stated that there is a five-day grace period. If they go out to cut off the water, and the customer tells them a check is in the mail , then they only charge them half of the fee. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item l0a RESOLUTION NO. 54-85 A RESOLUTION AUTHORIZING THE CITY OF SCOTLAND TO PERMIT A WATER METER FOR A PROPOSED LIVESTOCK AUCTION FACILITY ALONG U.S. HIGHWAY 281. Moved by Councilman Harper that Resolution No. 54-85 be passed. I 715 Item 10a, cont'd. Motion seconded by Councilman Wilson. Mr. McKinney stated that the Mayor of Scotland may not necessarily agree with this, but if they object to it, it is a moot point. Councilman Harper stated that he would hope that the reason they do not concur is that they are trying to get their water limits raised. Mr. Bonnett stated that this sale would draw on their allocation, and it would have an unfavor- able ability to meet their needs. He stated that moving the meter closer to Scotland might be something the Council would want to pursue. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item lla Bids were considered on water meter boxes and lids. It was recommended that the bid be awarded to Marta Company in the amount of $36,068.90. Moved by Councilman Welburn that the bid be awarded as recommended. Motion seconded by Councilman Wilson. Purchasing Agent Dick Arndt stated that all bidders were thoroughly familiar with these products and have supplied them for many years. Councilman Thomas questioned the size of the opening mentioned in the specifications. Councilman Palmer asked if the Council has any leeway with awarding bids to a local bidder if the bid is not low? The City Attorney stated that the state law prohibits awarding a bid to a local bidder strickly because he is local , but they can always take into account other factors. Mr. Arndt stated that the Council can accept the most advantageous bid to the city. The motion was carried unanimously. Item llb Moved by Councilman Thomas that the bid for turf fertilizer for the Park Department be awarded to Estes Chemical Company, in the amount of $8,391 .60. Motion seconded by Councilman Palmer. Councilman Thomas asked if the bid would be shipped all at once? Mr. Arndt stated that it would be, on both low bidders. He did not feel there are any considerations we should look at, other than price. Councilman Wilson asked if the storage of this material by Estes until we need it would be an advantage to us? Mr. Arndt stated that he could not say. The City has plenty of storage capabilities. Alan Whitmire, of the Park Department, stated that both of the companies would truck it in from out of town. The only difference between the two is ammoniated sulphur and ammoniated phosporus. Sulphur was specified in the bid, and Estes bid sulphur. Lesco, Inc. bid phosporus. Councilman Wilson stated that there is a difference between the two chemicals in run-off in the water. The motion was carried unanimously. Item llc Moved by Councilman Harper that bids be awarded, as follows. a. Engine Analyzer - Sun Electric Corporation - $17,465.00 b. Front end alignment machine - Bear Automotive of Texas, Inc.- $11,015.90 Motion seconded by Councilman Welburn. 716 Item llc, cont'd. Councilman Thomas questioned the alignment machine and operating requirements. Traffic Director Bob Parker suggested that action on the alignment machine be postponed. Moved by Councilman Wilson that the motion be amended to act only on the engine analyzer. Motion seconded by Councilman Palmer, and carried unanimously. The amended motion was carried unanimously. Item 12a RESOLUTION NO. 55-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR WILLIAMS PARK ROAD Moved by Councilman Welburn that Resolution No. 55-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 12b RESOLUTION NO. 56-85 RESOLUTION TO ACCEPT WORK AND MAKE FINAL PAYMENT FOR PUMP REPLACEMENT IN THE WASH WATER RECOVERY WELL AT THE CYPRESS STREET WATER TREATMENT PLANT Moved by Councilman Wilson that Resolution No. 56-85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 13a Discussion was held on instituting an alley paving procedure. Public Works Director George Bonnett stated that they have concerns about the methodology of collection of outstanding payments. If we go into the street paving type procedure, we go into legal matters of placing a lien against the property. We can establish lien against the individual, but not against the property. If the individual falls delinquent, we have some method of collecting that charge. City Attorney H. P. Hodge explained that under the street paving assessment law, you can assess a lien against abutting homestead property, you cannot assess a homestead. You can make a personal charge against the owner, and try to collect it as any other debt. He stated that we can do it just like the streets. Councilman Harper suggested that we get a contractor and lump several alleys together for paving by the contractor. Mr. Hodge further explained that there is a maximum amount you can assess to the property owners because of the amount of enhancement to the property. Mrs. Morton, of the East Lynwood area, stated that paving alleys would provide neighborhood pride, and get cars off the street. She stated that some of the houses in their neighborhood have two or three cars on the front lawns. They feel this situation could be helped by driving down alleys to the back yards. She stated that she is in favor of an ordinance prohibiting parking in the front yards. Mayor Cook stated that alley paving is a multimillion project. It would apply to all neighborhoods across the city. Many individuals i 717 Item 13a, cont'd. have the money to pay the costs up front, and many do not. When the Council considers the paving of alleys, we have to consider the cash flow of the city. Mrs. Morton stated that if it is added to their water bills for about five years, it could be paid. Mayor Cook explained that this is the problem Mr. Bonnett discussed when someone moves out. Who pays then? He explained that the Council has to find a way to do this. He stated that it is not a question of neighborhoods or income level , but an administrative procedure for collecting it. Councilman Thomas asked Mrs. Morton what she meant by improvements in the Southwest part of town? Mrs. Morton mentioned median improvements. Mayor Cook stated that is being done by contributions of individuals. Councilman Thomas asked if we could adopt a pilot program for 48 months with 60 percent of the money up front? Mr. Berzina stated that they would still have administrative controls in the collection of it. Councilman Harper noted that this is an investment in a neighborhood. Councilman Palmer asked if something could be attached to the property regulating and requiring the new owner to pick it up before he gets a new water meter? The City Attorney stated that this ordinance is filed in the County Clerk's office, and the new owner would be aware of it. It could be worked out so that there is some protection. Councilman Wilson noted that our objectives are the same. We do not want the citizens to have to pay for someone else's bills. Sherry Jackson, a resident of East Lynwood area, stated that an additional $5.00 on her water bill would not hurt her. She feels that a paved alley would enhance her property, and would be worth more. She also mentioned median improvements on Sheppard Access Road, but there is no curbing on it. You come into their neighborhood from Maurine Street. Some of the people park on their front lawns. Councilman Welburn stated that it seems they are talking about a continuation of an on-going problem. What they want the Council to do is help them to do some things that will help their neighborhoods in the city. City Manager James Berzina stated that there seems to be a correlation of narrow streets and parking on the front lawns. If we allowed parking on some of these narrow streets, it would cause a problem with getting fire trucks down the street. Garbage collection has to be compatible with what is in the neighborhood. They will be moving some type of median program there as soon as others are finished. Councilman Harper stated that he believes any street in town is wide enough to get traffic down, with parking on one side, and he believes fire trucks are not much wider than other vehicles. The programs in Corpus Christi and Fort Worth have been very successful , and he believes we can handle these problems if we address our minds to it, and help these people save their neighborhoods. Robert Beaver, 6 Farris Street, asked about the procedure to make a two-way street on Central Freeway? Mayor Cook stated that the street is owned by the State. The City can only make requests, and they do not always comply with our requests. We cannot change something that does not belong to us. Mr. Stacks is the man who has authority in our district, and he has only limited authority. Mr. Beaver also mentioned drainage from a yard on Sumner Terrace. Mr. Berzina stated that they looked into it, and it would require reconstruction for several feet along there to change the type of grade in the street. Mayor Cook and Councilman Harper agreed that the problems brought up by Mr. Bonnett need to be addressed, as well as parking on front lawns. Item 13b Bill McGregor appeared (on Item 10) , stating that Scotland has maintained that they have reached the limit to their water, unless they get more water. They have requested additional water from the City. Another solution would be that the metering be moved to the city limits of Scotland. 718 Mayor Cook stated that they will try to find a way to help them with their problem. A better alternative would be moving the meter. Mr. Bonnett stated that methods of measuring the water are in place, and he can do that administratively, if they so direct. Billy Robinson, St. Paul Missionary Baptist Church, stated that they have received notice to have the property cleaned off on Harding Street. The letter was received on September 11 , 1984. April 28, 1985, is the deadline. They have requested additional time, due to the rain. Mayor Cook noted that where progress is obviously made, and the weather prohibits him from getting in there, he will be allowed more time. Roger McKinney stated that the letter states that it will be inspected again on May 2, 1985, for compliance. Tom Miller appeared for Concerned Citizens for Flood Control . He requested that this be put on the agenda for the City Council . He asked why this was not placed on the agenda for discussion? Mayor Cook stated that they are still drawing on some information and alternatives from the Engineering Department. They are awaiting the engineering specifications on what will work, and what won't, and what the cost will be. They are working on a proposal to ask the citizens if they would support the funding of the project. We are waiting on passage of the federal budget, and also the appropriations from the federal . Mr. Miller asked what will happen if we don't get any federal money? Councilman Thomas stated that we are looking at every aspect, with the amount of money available for each aspect. Mr. Berzina stated that they visited with the Corps of Engineers in Tulsa last Friday. He asked them what they could do with seven million dollars, or more. He stated that we can come up with 8.7 or 8.9 million without having to raise taxes. They are waiting for a response from the Corps of Engineers on what they can do with certain amounts of monies, assuming no federal funding. Mr. Miller stated that we have seven million dollars. What will happen if it goes to a bond issue, and does not pass? Mr. Berzina stated that we would have to look at what we can do with the seven million. Mayor Cook stated that the proposal they have presented to the Council won't work. They cannot get the money from our day to day operations. We will have to get the money from citizens in a bond issue. Gene Shea,rman noted that this country is 200 billion dollars in debt. For us to expect help from Washington D.C. , would be asinine. Help will not come from Washington, D.C. Councilman Thomas noted that they may be in debt, but they haven't closed up. There has not been a water project since Jimmy Carter. He does not believe we can expect help from this Republican administration. We will have to learn to paddle our own canoe. Theyaccepted this responsibility when they issued building permits in those areas. During the flood in 1982, there was $22,950,000 damage done in personal property. There were 2046 homes damaged. Six homes were totaled. There were 63 businesses damaged, and 5130 persons ' lives affected by that storm. This represents a significant number of our citizens. He further stated that Fred Cone testified that flooding cost the citizens three and one-half billion dollars, one hundred percent of the water that drains into Holliday Creek represents 60 percent of the drainage in this city. The plan they are studying calls for no money for McGrath Creek or Plum Creek. People who live on the South side of Wichita Falls cannot sleep peacefully at night when we have a rain. If this Council could alleviate the flooding in this city, it would be the most historic thing that could happen, with the proper attitude. Mayor Cook stated that the attitude is there, but the dollars are what is in question, and it was their financial plan that will not work. Mr. Shearman stated that a $4,333,912 cushion would be available. There will be an increase in sales tax, and they ask for 50 percent of that. If the City of Wichita Falls had budgeted for flood control , they would not be before the Council today. Community Development Block Grant funds are included in this program. It would be like a bond issue without interest rates. Mr. Shearman stated that the dam at Lake Wichita is scary. He stated that they have a sensible plan, and he believes a pay-as-you-go plan is a positive way to go. 719 i Item 13b, cont'd. Mayor Cook asked Mr. Shearman what this 4.3 million is used for, stating that it is their information that we will have to have a 6 million dollar cash flow cushion for this project. Although it looks like money, in a financial project you have to realize what it is there for. He further stated that they are aware of the financial situation, and what they can provide without taxing the citizens. Anything above that is something which we have to have more definitive answers than we have at this time. That is what they are trying to put together. They will continue to work on the project, and will notify them when it is placed on the agenda. Gertrude Robinson, 1317 Harding, stated that she is having too many cars in her yard. With two cars totaled, it is a safety aspect. There is a need for a four-way stop sign or a traffic light to slow the traffic. Mayor Cook noted that Mr. Bonnett is looking at this situation for reconstruction of this intersection, abutments, etc. Mr. Bonnett stated that they believe the problem has been aggravated by the Thompson Road extension. In a middle of a curve, if a person is drunk, there are problems caused by this. The only total solution is a guard rail . He believes if they finish the construction of Thompson at Harding, it will help the problem. If additional action is necessary, Mr. Parker will be in a position to make some other recommendations. Mayor Cook stated that once this construction is completed, as designed, it will reduce the problem she now has. If it still continues to happen after the construction is completed, they will have to provide some other methods, such as abutments, etc. They are working with the contractor to expedite the problem. Some plans are in place for the problem, and they will continue to monitor it. Ronald Bertrand, Texas Department of Agriculture, appeared regarding Project Tejas to assist people in Africa. He stated that it will also help Texas farmers and dairymen. He stated that $35.00 will feed 100 people in Africa for one week. He requested a proclamation endorsing Project Tejas. Mayor Cook stated that he would not see any problem with issuing a proclamation for a worthy cause. It would be the responsibility of Tejas, however, to raise the money. Councilman Swift asked who makes the distribution? Mr. Vertrand stated that it will be turned into the Texas Department of Agriculture. Mayor Cook noted that there have been many worthy organizations that have pocketed many dollars that were supposed to have gone in support of the project. Robert Beaver stated that he received a speeding ticket for 68 miles per hour. His cruise control was set on 59 miles per hour. Mayor Cook stated that he will not fix his ticket, nor will he talk to the judge. He can hire his own lawyer, or pay the ticket. Mr. Beaver wanted someone to tell the judge to lay off of him; that he does not want to talk to him. Items 13c,d The City Council recessed into executive session at 12:45 P.M. , pursuant to Article 6252-17, Section 2, Paragraphs (g) and (e) of the Revised Civil Statutes. The meeting resumed at 4:05 P.M. Moved by Councilman Wilson that the following be appointed. a. Arts Commission, with terms expiring April 30, 1987: Troy Jensen, Cathryn G. Whaling, Dr. June Kable, Henry Dvorken, and Ray Breault (all reappointed) b. Library Advisory Board, with term to expire June 30, 1985: Mark Prothra, replacing Jean M. Hoard, who resigned. Motion seconded by Councilman Palmer, and carried unanimously. Mayor Cook announced the resignation of Maurice Armstrong, Municipal Court Administrator, effective April 23, 1985, and named David Varley as Acting Municipal Court Administrator, effective immediately. 720 The City Council adjourned at 4:10 P.M. PASSED AND APPROVED this day of 1985. Ga Co Mayor ATTEST: Wi ma J. thomas, CMC, City Clerk