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Min 10/15/1985 51 Wichita Falls, Texas Memorial Auditorium Building October 15, 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 Build- ing at 8:30 o'clock A.M. , with the following members present. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn James Berzina City Manager j H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Edwin W. Stock, Jr. , First Presbyterian Church. Item 3 Moved by Councilman Wilson that minutes of the meetings held September f24 and October 1 , 1985, be approved. i Motion seconded by Councilman Palmer, and carried unanimously. Items 4, 5, 6 Mayor Cook, City Clerk Wilma Thomas, and City Attorney H. P. Hodge conducted ,; the vote canvass for the municipal election held on October 12, 1985, by reading ,; and tallying returns submitted. RESOLUTION NO. 149-85 RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON OCTOBER 12, 1985, FOR COUNCILMAN AT-LARGE AND COUNCILMEN FOR DISTRICTS 1 AND 2. I Moved by Councilman Palmer that Resolution No. 149-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Mayor Cook presented a plaque to outgoing Councilman Swift for his service and dedication to the citizens of Wichita Falls. City Clerk Wilma Thomas administered the oaths of office to newly elected Councilmen Harper, Thomas and Walker. Items 7a-9a Moved by Councilman Wilson that the consent agenda be approved. Motion seconded by Councilman Thomas. Item 7a RESOLUTION NO. 150-85 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 WITH THE GENERAL SERV- ICES ADMINISTRATION FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIR- PORT Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn 52 Item 7a, cont'd. Nays: None Item 7b RESOLUTION NO. 151-85 RESOLUTION SETTING A PUBLIC HEARING FOR THE PAVING OF AN ALLEY BETWEEN TALUNAR LANE AND KINGS HIGHWAY FROM TAYLOR TO POLK AND DIRECTING STAFF TO PREPARE PRELIMINARY CONSTRUCTION COST ESTIMATES Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 8a-c Minutes of the meeting of the Youth Activities Advisory Council held September 17, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Minutes of the meeting of the Park Board held September 26, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Minutes of the meeting of the Youth Activities Advisory Council held September 24„ 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 9a A public hearing was set for November 5, 1985, on the request of Skylark Van Service, Inc. , for a Certificate of Public Convenience and Necessity. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item l0a Discussion was held on a proposed ordinance to adjust treated water rates for retail customers. Director of Public Works George Bonnett presented a brief history of how we got where we are today. In March, 1985, we entered into an agreement for a rate study. Three options were presented to the Council in September. He recommended Option 3. They also met with various groups to hear their needs and problems. He explained the three options. The Council directed the staff to hold additional meetings with wholesale customers, and review the elasticity of the water, and what effect that would have. The consultants had recommended a 15 percent reduction in water and sewer. Mr. Bonnett recommend- ed that we use the 15 percent reduction across the board for Option 2 or 3. They met with them twice, and one of the things they found out in the Memorandum of Agreement is that they use the most recent budget year test year. They went to the 1986 budget. He recommends that we follow this agreement, and use the 1984 test year, instead of 1986. This means that they will not be paying for the increases for from one to two years, but that is what the Memoran- dum of Agreement says. He believes they have dealt with all the issues in a positive way. He believes the recommendation in front of them is acceptable. Mr. Bonnett stated that many letters from businesses had been received, asking for more time since they have already adopted their budgets. The Council may wish to consider a hybrid Option 1 with wholesale customers. He stated that he is very comfortable with this from a philosophical standpoint, but 53 Item 10a, cont'd. Iwe need to listen to them. Mr. Bonnett recommended that rates be set on Option 1 for the 1984 test year, and go to the Option 3 rate structure in February or March, 1987. He believes this will give them time to make the necessary budgetary allowances. ORDINANCE NO. 111-85 ORDINANCE TO AMEND SECTION 32-20 OF THE CODE OF ORDINANCES TO ADJUST TREATED WATER RATES FOR RETAIL CUSTOMERS Moved by Councilman Wilson that Ordinance No. 111-85 be passed, for Option 1, at the reduced 15 percent for 1984 test year rates. Motion seconded by Councilman Thomas. ` Marvin Morgan, Rate Consultant, stated that there is an honest disagreement between professionals. There is no consideration of the interest money which is borrowed. He stated that the Memorandum of Agreement is not the customary way to handle this, but it is the method Wichita Falls uses. Councilman Wilson noted that these rates are on a six-month lag, so that they are not really paying the current rates, but something which may be 18 months old. It affects all wholesale rates. Councilman Harper asked if we could ease into this over a three to five-year period? Mr. Bonnett stated that they could work out a step program; however, it would have a continuing series of adjustments with the commercial and residential rates. They could develop a phased-in program, but they have concerns about the acceptability of this from an understanding viewpoint. Mayor Cook noted that five years ago we needed the Cypress Street water plant, and very shortly we will have to enter into another phase. We will have to look forward to higher water rates. We have an adequate water supply, but we do not have adequate methods to treat that water. No one would try to implement a change that would place a burden on any industry looking at locating here, but we are charged with establishing a realistic rate. At the last Council meeting a resolution was passed endorsing a state water plan which calls for conservation, but today we are avoiding the issue. He believes Option 3 is the only thing that we will be assured that we are doing what the state wants us to do. The rich and poor have to pay the same price. Option 3 is the only answer. We may use the 1984 tax year and 15 percent reduction, but this is the only option we will have to address, whether today, or in the future. Councilman Walker stated that he is concerned with Option 1 . He asked about some of the factors involved in the flat rate. Mr. Bonnett stated that the studies indicate that perhaps there are some inequities in regard to the methodology used. In Option 1 , you maintain those inequities, and you continue to pass it on. He would be very concerned about recommending adoption of Option 1 without some change. They are concerned about commercial and industrial users as it filters down to the residential customers. Mr. Bonnett explained the shortfalls which we would have under each option, along with the hybrid option. Councilman Walker was concerned in the fairness to the average citizen. He would like to be up front that what we are doing is equitable for everyone. Councilman Harper asked the staff to work out a three to five-year step plan until we get to Option 3, with winter averaging. He would also like to suggest that we immediately consider anything in our building codes for water conservation measures. He would like for us to do this each year, and tell the customers that is what we are doing. Mr. Bonnett stated that they can come back in March, 1986. The sewer would have a more dramatic effect. An amendment was moved by Councilman Harper that the staff be directed to come back in March, 1986, with a methodology of getting to the flat rate program in three to five years on water, and some methodology on sewer for winter averaging to eliminate the declining rate structure. Motion seconded by Councilman Wilson, and carried unanimously. Mayor Cook stated that it seems you are forcing the residents to pay more for sewer, and added on top of that a 12.5 percent increase. We are 54 Item 10a cont"d. continuing the inequities. The residential customer is subsidizing the water rates in the winter months. The motion for passage of Ordinance No. 111-85, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 10b ORDINANCE NO. 112-85 ORDINANCE TO RESCIND ORDINANCE NO. 159-83 AND TO ADJUST WATER RATES AND OPERATING PROCEDURES FOR RETAIL CUSTOMERS USING RAW WATER ONLY + Moved by Councilman Palmer that Ordinance No. 112-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 10c ORDINANCE NO. 113-85 ORDINANCE TO ESTABLISH WHOLESALE WATER RATES FOR CONTRACT CUSTOMERS Moved by Councilman Palmer that Ordinance No. 113-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 10d ORDINANCE NO. 114-85 ORDINANCE TO AMEND SECTION 32-57 OF THE CODE OF ORDINANCE TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS Moved by Councilman Harper that Ordinance No. 114-85 be passed. Motion seconded by Councilman Welburn. Councilman Thomas asked why we need to raise sewer rates? Mayor Cook stated that it is because we went with the hybrid system instead of Option 3. Mr. Bonnett stated that the increase in sewer fees will handle the bonds for future sewer construction. Work needs to be done on the 1925 Imhoff line, which will bring us up to where we will be barely legal . As we grow, it will require future capacity, and it will cost more. We are barely legal on capacity against flow. Councilman Thomas asked what would happen if Lakeside City joins us? Mr. Bonnett stated that we need the 3,000,000 gallon capacity if they do. It will be commercial rates. We could not handle their consumption at this time. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None 55 Item lla RESOLUTION NO. 152-85 RESOLUTION APPROVING COURT REPORTER' S CONTRACT FOR FISCAL YEAR 1985-86, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME FOR THE CITY OF WICHITA FALLS Moved by Councilman Palmer that Resolution No. 152-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item llb RESOLUTION NO. 153-85 RESOLUTION AUTHORIZING TRANSFER OF OLD UNCOLLECTABLE ACCOUNTS RECEIV- ABLE TOTALING $54,976.16 FROM AN ACTIVE TO DORMANT STATUS Moved by Councilman Harper that Resolution No. 153-85 be passed. Motion seconded by Councilman Welburn. Councilman Thomas noted that this was not a very good collection rate on water and sewer. Fred Werner explained that it was a 98-99 percent collection on the total amount. Councilman Wilson asked who makes the decision on collection? Mr. Werner stated that it is the City Attorney' s decision on whether he can collect or whether it be forwarded to a collection agency. Councilman Wilson asked what period of time would it be that it would be filed with a collection agency? City Attorney H. P. Hodge stated that he would think within a month. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item llc RESOLUTION NO. 154-85 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT FOR THE HOLLIDAY STREET BRIDGE Moved by Councilman Palmer that Resolution No. 154-85 be passed. Motion seconded by Councilman Wilson. Mr. Bonnett stated that the Texas Highway Department worked this out for us. Councilman Palmer noted that this saves us $360,000. Mr. Bonnett stated that the bridge elevation will go up five feet, and it will be moved farther North. Construction usually takes from 8-10 months. The Jasper Street bridge will be removed after the Holliday Street bridge is removed. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None 56 Item lld RESOLUTION NO. 155-85 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO CONTRACT B FOR THE CYPRESS STREET WATER PLANT EXPANSION PROJECT Moved by Councilman Harper that Resolution No. 155-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item lle RESOLUTION NO. 156-85 RESOLUTION TO AWARD BID FOR REPAIRS AND ADDITIONS TO LAKE ARROWHEAD EMBANKMENT ROCK SLOPE PROTECTION Moved by Councilman Harper that Resolution No. 156-85 be passed. Motion seconded by Councilman Palmer. Mr. Bonnett stated that this is Step 1 of a long program. He mentioned Lake Kickapoo and Lake Arrowhead embankments. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas , Walker, Palmer, Wilson, and Welburn Nays: None Item llf RESOLUTION NO. 157-85 RESOLUTION AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE PURSUANT TO SECTION 5420,(5) OF THE ZONING ORDINANCE FOR OUR LADY QUEEN OF PEACE PARISH HALL FOR THE NOTRE DAME BAND PARENTS CLUB'S ANNUAL SPAGHETTI SUP- PER ON SUNDAY, NOVEMBER 3, 1985 Moved by Councilman Thomas that Resolution No. 157-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and Welburn Nays: None Item 12a The City Manager requested the Police Chief to explain the new 4-day work week at the Police Department. We are trying this on an experimental basis to try to get more police officers in the field. Police Chief Harrelson projected 97,000 pieces of police action during the fiscal year. The plan is called a 4-10 Plan. Several police departments over the state have initiated it. Without adding additional people, this is a way of increasing our coverage. Motorcycle officers will not be included. There are 52 officers in the Patrol Division only. Detectives, Traffic and Narcotics will not work it. Officers will be increased by 9, and supervisors by 2. Mayor Cook noted that as a result of implementation of the one-on-one car plan, coupled with a computerized system, they are able to achieve what is needed, without increasing personnel . Councilman Walker was concerned about adding two more hours per day to the officer' s job. Chief Harrelson stated that the stress situation will be monitored. When the shift comes on at 9:00, they will take the primary calls. 57 ( Item 12a, cont'd. They feel the last two hours will give them some time to take care of paperwork. Councilman Welburn asked if we would be careful to monitor the paperwork so that the officer does not include some inaccuracies, to make sure we don't blow one? That is the worst time of the day for paperwork processing. Chief Harrelson stated that this is one of the negative features. The City Manager stated that this will be tried as an experiment. At some point they may have to go away from it. Shirley Smith, Route 2, Box 353, Rathgeber Road, stated that she is rep- resenting she and her husband, and two others (Jim and Billie Patton and Larry and Susan Buchanan) . She appeared requesting an exception to the ordinance Ito allow more than one family to use a water meter outside the city limits. They are using the water meter of Mrs. Calvin Rathgeber. All four parties were obtaining water from this meter. She stated that they did not know they were not complying with this ordinance, and that they could not get water from the City of Wichita Falls. She stated that they are living outside the city limits because of the tornado. They owned this land and had no other place to go. She stated that in six and one-half years, they have paid more than $10,000 to the City for water. Mayor Cook explained that the position the Council is in is holding the line of continuing sprawl outside the City. Authorizing water outside the city is encouraging sprawl . The Council cannot take any specific action under other business. They can recommend that the staff bring back some information. The situation they face is would they be able to deny this to the next and ' the next and the next? Councilman Thomas asked if a city resident owned a commercial water meter lwithin the City of Wichita Falls, can he haul water wherever he wants to for Ihis own use? Jerry Gross stated that there would be no restrictions. All , of these people have a commercial meter within the City. It is against the law for the Rathgebers ' , or any other individual , to sell water to anyone ' else. These people were paying Mrs. Rathgeber, and she was paying the City. Mayor Cook and Councilman Thomas both noted that if you have a business within the City, and the water is for your own personal use, you can haul water outside the city limits for your own use as long as it is not for resale. Mrs. Smith stated that her husband 's business is five miles from their house. The water meter is one mile. Mr. Patton' s business is downtown. Mr. Buchanan' s business is in the Southeast part of town. Councilman Thomas also noted that they would have to satisfy the State Health Department on their trailers. Councilman Wilson stated that the difficult thing they are faced with is not just her situation, but the exception. He would not be inclined to grant an exception. She has the equipment. Councilman Walker asked what provision there is in this ordinance for a waiver? The City Attorney stated there is none. If you grant it on this case, you may have to grant an exception, or if you turn it down, you may have to on other occasions. The Council did not desire to grant an exception. Linda Vanek, of Iowa Park, explained why her lease on her Lake Arrowhead lot was paid late. They were away from home at the time the notice was received. She stated that they planned to retire out there. She requested another opportu- nity to pay their lease. Mayor Cook stated that they have had others in the same situation. The Council is compassionate in those situations, but there is a current problem of those not willing to pay their share of the costs out there. It is now in the courts. Leases are being cancelled who are not in compliance, either by late payment or noncompliance in other ways. At some point that the matter is resolved in the courts so that Wichita Falls taxpayers don't have to subsidize these costs, they may have an interest in coming back with other leases. He noted that her lot will now come back to the City. He cannot speak to what a future council would do. 58 I Item 12a, cont'd. Councilman Wilson noted that they have had thirteen years with an excellent bargain, even though they were losing their lot. Permitting someone to retain an option on the lots they are losing would not give other people an opportunity to bid on them. If we are to exercise our responsibilities as a landlord, it is also their reponsibility to operate as a good tenant. We should not make any policies on that at this time. Mayor Cook noted that she might want to write a letter to the Parks Depart- ment, requesting this lot in the future. The lots will not be released to anyone else until such time as the Courts have made some type of settlement. City Manager James Berzina stated that he is ready to close the landfill . The Council totally agreed. The City Manager directed Mr. Bonnett to close it. Robert Beaver, a Farris Street resident, stated that the City passed a law about posting signs on utility poles, stating that Mr. Walker' s signs were posted on them. He thought they should fine him, or any other person, who does not obey the laws. Mayor Cook stated that he is not aware of where a fine has been levied on political signs because it is hard to know who actually put up the signs. The Police Department has taken some steps to notify the person or campaign headquarters to remove them, but they have not levied a fine. City Attorney H. P. Hodge stated that there has to be a complaint filed against the person who actually violated the ordinance. There must be a witness to say they saw that person. Councilman Wilson noted that with him bringing this to their attention, he is sure it will be taken care of. Councilman Harper requested a report on tax increment financing from Roger McKinney. Mr. McKinney stated that some amendments have been made to the law since 1983. You have to hold a public hearing, and establish a zone. An ordinance also has to be passed, and appoint members to the Tax Increment Financing Board. Other taxing jurisdictions can waive that notification if they so desire. December 17 would be the last time that an ordinance could be adopted this year. Mayor Cook stated that other taxing entities have already been informed of the Council 's desires on this. Notification needs to be made almost imme- diately. The Council asked the staff to officially notify these entities of the Council ' s decision to take some action on this before the end of the year. The amount of the assessed value would have to be specified, and you also need to have an idea of what these monies will be used for in terms of public improvements. No more than ten percent of the property can be residential, according to Mr. McKinney. Councilman Harper requested Mr. McKinney to put together a package for their consideration. The City Attorney stated that at the last meeting a request came up about Vista Cablevision changing some programming. Their request wanted to do something about the municipal channel . That was vetoed by the Council to let someone else share it. They wanted to shift some programs around, and add some channels. Their franchise sets out certain programming about what would be on the system. The franchise does not provide for any approval by the Council of any switching of the programs. They don' t have to come to the Council about changing program- ming, but if they made any changes which would be construed to be failure to provide programming which they already agreed to, would be subject to forfei- ture. You have a right to tell them they can't do away with the municipal channel . Mayor Cook suggested that they be informed formally by a letter. Councilman Harper mentioned the sewer lagoon at Lakeside City, stating that he understands it will be located within the extraterritorial jurisdiction of the City of Wichita Falls. He asked where the City stands legally on this? The City Attorney recalled a number of lawsuits by Abilene several years ago. This is about the only remedy he knows of. In the absence of legislation, he knows of nothing we could do. 59 Item 12a, cont'd. Planning Director Roger McKinney stated that our extraterritorial jurisdic- tion deals with subdivision regulations. He is not aware of any permits they have to get. Mr. Bonnett stated that he is under the impression that they are still in the design status. Mayor Cook requested that the City Manager and Mr. Bonnett get with their engineer to see what is going on. The Council could adopt a resolution opposing it to go to the State. Items 12b, c The City Council recessed into executive session at 11 :30 A.M. , according � to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the Revised Civil Statutes. The meeting reconvened at 3:10 P.M. I Moved by Councilman Welburn that the following board appointments be , approved. a. Firemen' s and Policemen's Civil Service Commission - Joe Pence, term expiring March 1 , 1988 b. Mayor's Commission on Status of Women - Martha Reed, term expiring September 30, 1987 c. Board of Public Health - Dr. Thomas Bose and Michelle Miller, one and two year terms to be determined after organization of Board. d. Landmark Commission - Frieda Ryle, term expiring December 31, 1986 e. Zoning Board of Adjustments - Alternate No. 1 - Dr. Richard Sutton; Alternate No. 2 - David Gossom; Alternate No. 3 - William Kidd; Alternate No. 4 - Sydney Litteken Motion seconded by Councilman Wilson, and carried unanimously. I The City Council adjourned at 3:15 P.M. PASSED AND APPROVED this day of //tte,� �� 19�. . r C Mayor ATTEST: Wilma J. Tho as, CMC, City Clerk