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Min 06/02/1987 539 Wichita Falls, Texas Memorial Auditorium Building June 2, 1987 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. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Councilmen Ruth Ann Allred Ron Buffum Don Kirkham James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by Fred James, Bethel Assembly of God Church. A poem about "little things" was read by Charles Harper, Mayor. He also noted that the Today Show in Wichita Falls this morninc , with W'illard Scott, is one of those things. Charles Harper, Mayor, also read a proclamation for the people of Wichita Falls, regarding the waterfall celebration on Friday, June 5, 1987, at 2:00 o'clock P. M. He presented the proclamation to Wayne Tarkington, as a representative of the people of Wichita Falls. The death of Jim King was also noted by Charles Harper, Mayor. I'vir. King had regularly attended council meetings. Item 3 Moved by Councilman Thompson that Minutes of the meeting held May 19, 1987, be approved. Motion seconded by Councilman Kirkham, and carried unanimously. Items 4a-8b Item 7c was moved to the regular agenda. Moved by Councilman Buffum that the consent agenda be approved. Motion seconded by Councilman Allred. Item 4a Betty Holder, an employee in the Accounting Department, was honored as Employee of the iN'ionth for June. Charles Harper, Mayor, and Councilman Allred, presented her with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. 540 Item 5a ORDINANCE NO. 53-87 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT IN LOT 81 , BLOCK 8, TANGLEWOOD HOLLOW, SECTION G, WICHITA FALLS, TEXAS Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 5b ORDINANCE NO. 54-87 AN ORDINANCE CLOSING, VACATING, AND ABANDONING AN ALLEY ADJACENT TO LOT 9-A, BLOCK 1 , SUNSET HEIGHTS, WICHITA FALLS, TEXAS Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 92-87 RESOLUTION TO APPROVE EASEMENTS AND SERVICE AGREEMENTS FOR ELECTRICAL SERVICE TO 287 WEST TANK SITE Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7a The bid for a portable tandem roller was awarded to Construction Equipment Parts, Inc. , Dallas, in the amount of $26,892. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7b The bid for a front end loader for Public Utilities was awarded to Construction Agricultural Supply, Wichita Falls, in the amount of $29,343. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8a Minutes of the meeting City-County Public Health Board were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8b Minutes of the meeting of the Board of Electrical Examiners held May 14, 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 541 Item 7c RESOLUTION NO. 93-87 i RESOLUTION ACCEPTING BID OF L. J. TAYLOR COMPANY, INC. FOR CON- STRUCTION OF A SERVICE DRIVE/SIDEWALK NEAR THE SOFTBALL FIELDS AT KIWANIS PARK Moved by Councilman Buffum, for discussion, that Resolution No. 93-87 be passed. Motion seconded by Councilman Hirschi . Councilman Buffum noted that it appears that this is not really city dollars, but monies raised by the Kiwanis Club. This was confirmed by Jack Murphy, who also explained about the city baseball manager. Councilman Allred also asked what plans the City has for dirt road that parallels Hughes Street? Mr. Murphy stated that there are no plans at this time. He feels that access will be available later. Mr. Murphy also stated that the kids baseball program is privately run, and not by the City of Wichita Falls. We did agree to maintain it, as noted by Councilman Thomas. Mr. Murphy explained that the YMCA has not complained. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum , and Kirkham Nays: None Item 9a ORDINANCE NO. 55-87 ORDINANCE WAIVING SECTION 22-1(a)(9) OF THE CODE OF ORDINANCES TO ALLOW SIGNS AND OTHER ADVERTISING DEVICES IN LUCY PARK DURING FALLSFEST, AND WAIVING SECTION 22-4 OF THE CODE OF ORDINANCES TO ALLOW POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN LUCY PARK FROM JUNE 4 THROUGH JUNE 7, 1987, AND DECLARING AN EMERGENCY Moved by Councilman Allred that Ordinance No. 55-87 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum , and Kirkham Nays: None Item 9b ORDINANCE NO. 56-87 ORDINANCE WAIVING SECTION 16-16 OF THE CODE OF ORDINANCES, WHICH REQUIRES PERMIT FEES FOR FOOD ESTABLISHMENTS, FOR THE FOOD BOOTHS AT FALLS FEST ON JUNE 5-7, 1987, IN LUCY PARK, AND DECLARING AN EMERGENCY Moved by Councilman Allred that Ordinance No. 56-87 be passed. Motion seconded by Councilman Kirkham. Councilman Hirschi asked Dr. Cox to expound on what he has said in his memorandum. Dr. Cox stated that in January of this year, the food division had tallied to these people, and they understood that there would be a charge of $10.00 per booth. There is no charge for anyone who already has a commercial permit. Only about 30 would be 542 Item 9b, cont'd. required to get the permits. They charge for other concessions in various parks. There has been plenty of time to get this done before this time. Councilman Allred noted to Dr. Cox that when he says "these people" , we are one of them, because we are one of the sponsors. She stated that the proceeds come back to the City. Dr. Cox expressed that he does not believe all of the money comes back to the City. He feels that when we do not make a charge, we are just adding that to the profit of the organiza- tion, and it does cost the City to make inspections. Councilman Buffum asked if we charged the fee last year, and Dr. Cox stated that we didn't, but he felt we should have, and told them that we would charge it this year. He further explained the process of inspection and permitting. Councilman Buffum noted that this helps to guarantee the quality of the food that is being served out there. Councilman Hirschi confirmed with Dr. Cox that if the fee is waived, we will still have to make the inspection, and give them a permit. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Allred, and Kirkham Nays: Councilmen Hirschi , Thompson, and Buffum Charles Harper, Mayor, welcomed Mrs. Thomas back from the recent conference of the International Institute of Municipal Clerks, which was held in Fort Worth. He showed the conference book to each of the Council members , which contained positive information about the City of Wichita Falls. Item 10a RESOLUTION NO. 94-87 RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT FOR THE NEW WASTEWATER LIFT STATION #5, APPROVING THE APPRAISAL, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilman Thompson that Resolution No. 94-87 be passed. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum , and Kirkham Nays: None Item 10b RESOLUTION NO. 95-87 RESOLUTION ESTABLISHING THE CITY OF WICHITA FALLS' POLICY STATEMENT ON PRIVATE SECTOR PARTICIPATION IN PUBLIC TRANSPORTATION PROGRAMS Proved by Councilman Hirschi that Resolution No. 95-87 be passed. Motion seconded by Councilman Kirkham. Robert Parker explained this matter to Councilman Hirschi , upon his request. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum , and Kirkham Nays: None 543 Item 10c A proposed resolution was presented, offering to accept from Robert Seabury a gift of Lynwood Lake. A motion was made by Councilman Hirschi , and seconded by Councilman Thompson, for its passage. Councilman Allred asked what the City's intentions would be if the City did not accept this gift? Mr. Bonnett stated that he would recommend that appropriate steps be taken to determine probable maximum flood. The dam would also need to be cleaned of vegetation, along with engineering studies, at a $75,000 cost. This would require a capital project. He stated that probable maximum flood is the worst type of flood which could occur, in excess of 1 ,000 years. If we would have the dam breached, there is an irrigation canal below it, which would function as a dam. If everything remains status quo, people down below probably would not even know it was breached. If it is not breached, it will handle the 100-year flood. Charles Harper, Mayor, asked about the legal liability of having a dam. Mr. Bonnett stated that the owner would be responsible for ensuring that the dam can pass the probable maximum flood. In this case, the owner has been put on notice that the dam is substandard. It is something like the notice placed on the City of Wichita Falls at Lake Wichita dam. We would either have to fix it, or breach it. Mr. Bonnett stated that if the dam is breached, some of the properties downstream could be affected, if development occurs. Councilman Hirschi stated that it does not seem like it is very wise to assume that this prime real estate would not be developed. Over a period of time he would think that the basin would silt up anyway. He asked about the time schedule for meeting probable maximum flood requirements. Mr. Bonnett mentioned the cost of hydraulic studies to document their options. If funds were provided now, he would anticipate six months for studies, two to three months for final plans and specifi- cations for bidding, and an additional four to six months for construction. A total of twelve to fifteen months would be required from the time funds are provided, to completion date. Councilman Thompson noted that the East side is now flooded. He would hope that we would consider the fact that if we breach the dam, we will have a bad situation on the East side. We cannot afford to allow the water to run free. He is not opposed to accepting the dam, and we must bite the bullet. Irrigation ditches fill every year. We must hold back as much water as possible, and we must make some decisions on how to best protect our interests. Councilman Buffum agrees with Mr. Thompson, stating that there is nothing we could have done locally to prevent what has happened here, since it came from Beaver Creek, outside the City. Councilman Kirkham asked what happens if the lake is filled, the land is developed, and water comes down there? Mr. Bonnett stated that there would not be storage behind the irrigation canal . They would have to be very careful about what happens to this water. The Maurine Street culvert would have to be re-built. Councilman Kirkham noted that assuming the lake is filled, water flowing into the lake now would stack up somewhere. Councilman Thomas mentioned a letter dated December, 1986, stating that he is a bit confused about ownership of this property. He wondered if Councilman Hirschi has a conflict of interest. Councilman Hirschi stated that he has not owned this property for five or six years. Councilman Hirschi stated that it seems the City is being a little bit two-faced if it does not try its best to maintain flood control , without requiring developers to put in adequate water retention control . He stated that the Presbyterian Church is eager to see this area maintain- ed. They have a playground there. There is also a walkway across the dam for access for kids to get to school . We have an 18-acre lake, which has great potential for development. Charles Harper, Mayor, disagreed with the use of the words, 544 Item 10c, cont'd. "two-faced" and "ridiculous". It has been noted that the City is going to breach the dam. This is not true. It is privately owned. Why doesn't the church take it, and develop it? The City does not have to own everything. City Managaer James Berzina stated that when we talk about flood retention, he is kind of gun-shy about trying to solve someone else' s problem. Council - man Buffum agreed. He asked if this might be a classic example in looking at curtailing development for this area. Mr. McKinney stated that develop- ment could go ahead and proceed in this area without a storm water retention ordinance. Mr. Bonnett stated that he has a letter from Mr. Seabury indicating that he will breach the dam because of a liability to him. Councilman Hirschi stated that Mr. Seabury does not have a vested interest in retaining the dam. It will affect other residents in the area. Councilman Thompson stated that he hoped we would look at the costs we will have to pay if we allow this dam to be breached. He thinks this exhibits callousness to the public that he hopes we do not intend to show. Councilman Buffum disagreed that this is callous. Councilman Thomas stated that he hoped Mr. Thompson did not leave the impression that the City caused this flooding. It flooded on the West side, as well as the East side. Councilman Thompson noted that he didn' t mean that. He stated that he is concerned about all areas of town. Further discussion continued on the merits of filling the lake cavity, or not filling it. Councilman Kirkham wondered if there is a problem of a city owning a lake inside the city. Mr. Bonnett stated that he did not know of any. Councilman Kirkham mentioned water retention pools last week on the North side. We have an opportunity at this time to stop some of the water flow around Hirschi School and the Iowa Park Road. This cost is a very small fee to what it will be if the cavity is filled, and the dam is breached. He feels we should keep the lake, and do whatever we can to stop the flow. Councilman Thomas stated that he does not know of any area in the city that does not have flooding. He believes we need a water retention ordinance on the books. Councilman Hirschi stated that back in the 1970' s, French Quarter and Quail Creek were allowed to be developed. That mistake is somewhere around seven to eight million dollars. He feels we should take steps to prevent further flooding. A storm retention ordinance would provide for holding water, and release it gradually. Councilman Thomas asked if this area is a park, or water retention? Councilman Hirschi stated that it is both. Councilman Buffum confirmed with Mr. Bonnett that if the sole purpose is for water retention, draining the lake would be better. Moved by Councilman Kirkham that this matter be tabled, and brought back with money figures for water retention, and money figures for maintaining it for park and recreation purposes. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: Councilman Hirschi Charles Harper, Mayor, also requested that upkeep costs be included. The City Council recessed at 9:55 A.M. , and the meeting resumed at 10:16 A.M. Item lla Moved by Councilman Thomas that the bid for annual linen service be 545 ( Item lla, cont'd. awarded to Flake Industrial Service, in the amount of $8,782.80. Motion seconded by Councilman Buffum, and carried unanimously. ( Item llb Moved by Councilman Thompson that the bid for installation of an irrigation system on Memorial Auditorium grounds be awarded to Mr. Mister, in the amount of $15,022.78. Motion seconded by Councilman Hirschi . Councilman Hirschi asked if this is leaky pipe? Mr. Murphy explained that it is underground pop-up sprinklers. They opted for this arrangement because it will not be the problem which they have on Midwestern Parkway. Right now they have head to head coverage. They are testing leaky pipe, and hopefully they may be able to use it on all their medians. He feels they have the best system for the auditorium usage. Leaky pipe is near the same cost as sprinkler heads. Charles Harper, Mayor, and Councilman Buffum noted that they are very pleased with the appearance of the city. The motion was carried unanimously. Item 12a Moved by Councilman Kirkham that authority be granted to advertise for bids for removal of derricks in Lake Arrowhead. Motion seconded by Councilman Allred. Charles Harper, Mayor, asked what would happen if they laid them down in the lake? Mr. Bonnett stated that it would be more preferable to get them out of the lake. Councilman Thomas mentioned our liability of people getting up on them, stating that they are landmarks in the lake, and it would be a shame to destroy them for worry of a suit. Discussion also centered around erecting them in a park. Councilman Allred noted that that would present the same liability. Councilman Thomas suggested that they be left in the lake. City Attorney H. P. Hodge stated that any time we preserve them, whether it is in the lake or in the park, they are running some risk, and if someone gets hurt they will be sued. lie suggested that if they erect signs to warn people, then that will help them to keep from being held liable. Mr. Bonnett estimated that it would cost $125,000 to get all 14 derricks removed. A contractor who has a barge on the lake will be out of there in about four months. Councilman Hirschi asked about the liability between someone falling off the dam, or off the derricks? Mr. Hodge stated that it seems that the question would be the same concerning the taking of adequate protection to warn people about any possibility of danger. If the notice were posted on the derricks, that would be the first step in a line of defense. The derricks have been out there 21 or 22 years. Councilman Hirschi would like to have some substantial fines in this ordinance. Mr. Hodge stated that $200 is the most we can impose. The motion failed by the following vote. Ayes: none Nays: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, -Buffum, and Kirkham Councilman Thompson noted that signs are needed in various languages. 546 Item 13a ORDINANCE NO. 96-87 RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR THE KEMP STREET PROJECT Moved by Councilman Allred that Ordinance No. 96-87 be passed. Motion seconded by Councilman Kirkham. Mr. Bonnett stated that a letter regarding this project stands as accurate. He stated that they do not have a staff recommendation. If they want to avoid a suit, this is probably the best settlement they can get them. This is a Council policy decision. Councilman Hirschi was surprised that we agreed to settle when we felt we were not responsible for the cost of over-runs. Mr. Berzina noted that the contractor has revised their figure, and asked that it be brought to the Council for their decision. Councilman Thompson stated that he appreciated the staff' s handling of this. Councilman Buffum stated that although it was not intentional , it appeared to him that there might have been some breakdown in communications by the contractor and city. He personally feels that if we can settle it this way we might save something in the long run. Councilman Allred agreed, stating that she thinks this is a great example of the City being able to work with the public. Charles Harper, Mayor, was also in agreement. City Attorney H. P. Hodge stated that from a legal standpoint, it would be a very confusing case for a jury to sift through. Charles Harper, Mayor, stated that the way he votes will be no reflection on the staff. Councilmen Kirkham, Thompson, and Thomas echoed those sentiments. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum , and Kirkham Nays: None Item 13b RESOLUTION NO. 97-87 RESOLUTION TO APPROVE CHANGE ORDER NUMBER 6 FOR CONTRACT D, CYPRESS EXPANSION PROJECT, ACCEPT THE PROJECT AS COMPLETE, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Moved by Councilman Thomas that Resolution No. 97-87 be passed. Motion scheduled by Councilman Thompson. Councilman Buffum clarified certain provisions of the contract. Mr. Bonnett stated that they removed any provisions of arbitration. City Attorney H. P. Hodge recounted a previous arbitration situation. He recommended that that an arbitration clause not be put in the contract in advance. Charles Harper, Mayor, felt that this should be discussed in executive session to brief the two new councilmen. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum , and Kirkham Nays: None Item 14a Discussion was held on a request for waiver of the animal ordinance. Elaine Bennett, 2213 Piedmont, again requested that the ordinance be waived to allow her to keep a chimpanzee at her home in the city, to 547 Item 14a, cont'd. I permit surrogate mothers to take care of baby chimps on bottles, in the city, to allow animals to be brought to veterinarians in the city, land to allow animal exhibitions at various events, nursing homes, etc. , , in the city, by invitation only. I She had a petition, which she stated contained over 400 signatures, Ito allow monkeys to be kept in the city limits. She stated that Mr. Berzina has a copy of it. She again stated that her monkeys are clean; , that they are not rabies carriers, but they do carry skin diseases. LaJean Fensky, Route 6, 32 Wigwam, stated that she is a volunteer at the zoo, and requested that chimps be allowed to be cared for by ; surrogate mothers , stating that she has taken care of very small baby monkeys. She also felt they should be allowed to go in nursing homes. Councilman Hirschi asked if any problems have arisen in this area, and do they operate under a license? Dr. Cox stated that there is is permit for a circus, and they do inspect it, and see that the animals ; are protected from the people where they are exhibited. They are perform- ing animals. When monkeys are in a nursing home they are not protected from people. State law provides that the animal cannot be quarantined, but will be impounded. If he has bitten or scratched someone, the animal will be euthanized, and the head sent to Austin for inspection. In our ordinance, the animal cannot be given back to the owner. If it has not bitten anyone it might be given to the zoo, but it cannot be given back to the owner. Charles Harper, Mayor, noted that they seem to consider chimps jand tigers almost human, asking if they would take a human baby to a nursing home, and pass it around to everyone? Mrs. Fensky stated that she would. Charles Harper, Mayor, noted that he wouldn't take his , baby, and do that. Councilman Hirschi asked if there is some kind of license or permit, ; and why do we treat them differently from a circus? It was noted that the zoo is in Archer County, and that Mrs. Bennett also sells animals. , People would want to keep them, and they cannot allow them in the city. Councilman Kirkham asked about State law? Dr. Cox stated that there is not a State law against wild animals being in the city limits. That is up to the city. Cities as large as Wichita Falls have laws against wild animals being in the city. Councilman Thomas stated that there is a State law that provides that any wild animal has to be licensed, or the game warden will pick it up. Mrs. Bennett stated that she has seven licenses, but she is not sure she has the type of license he is referring to. She would like each of her handlers to have a certificate. She stated that the animal goes back to the zoo when it is big enough. She sells animals, and she gives the letter from Dr. Cox to all people in the City of Wichita Falls inquiring about purchase of them. Mrs. Bennett stated that they do not take cougars to nursing homes. At times, there is a situation when they need to bring in animals to the veterinarian. Canines and felines get rabies shots. The law does not recognize rabies shots for exotic animals. Dr. Cox stated that there is no recognized rabies immunization for wild animals. It is not recommended. Roy Ressell stated that an animal can possess the virus without showing it. In a wild animal , it does not show within ten days. A woman appeared, stating that she would like to be a surrogate mother to the zoo. She lives in Wichita Falls. She stated that animal control told her they would not come out there and pick up the animals that bit her children. The dog jumped over a fence next door. Charles Harper, Mayor, noted that there is a difference between cats and a monkey, under State law. Dr. Cox stated that a lot of these animals are going to be sold outside the city. Mrs. Be,;nett is in the business to sell monkeys. 548 Item 14a, cont'd. A man stated that every animal she has out there is born on a concrete floor. As a volunteer at the zoo, he feels it takes most of the wild out of the animal . He mentioned other cities which have zoos. Mrs. Bennett stated that she has been invited to the Sheraton and Fallsfest. Gaylene Orr stated that Lucy Park is an ideal place for a petting zoo. She does not like to handle the animals, but likes to be able to see them. She thinks they should be allowed to bring animals into the veterinarian, and to also have surrogate mothers. Charles Harper, Mayor, stated that petting zoos he had been to never had wild animals - only goats, etc. She mentioned a place in Northern Oklahoma where they had all kinds of animals. Dr. Cox asked City Attorney H. P. Hodge if giving this waiver would put Wichita Falls in any liability situation, in case there is a scratch or bite, or caught some disease as a result of it? Mr. Hodge stated that he did not know the answer right off. He supposed that the granting or withholding of this would be a governmental function for which we would be granted immunity. He doubts that we would be liable for a circus. Mrs. Bennett stated that if the City built a zoo, she would be a qualified handler. Councilman Kirkham made it very clear that he was not talking about the City building a zoo. He wondered if she wanted to build a private zoo. Councilman Thompson stated that he supports Mrs. Bennett' s request to care for them, but he thinks there needs to be some way to protect the public. Councilman Hirschi suggested an ad hoc committee to discuss the possibility of having a zoo, or some kind of special license. Charles Harper, Mayor, stated that he does not believe there is any sentiment on the council to have the surrogate mother thing carried very far. The zoo is another thing. Councilman Buffum read the letter from Mrs. Bennett, in which she requested that chimps be allowed in the city limits, to allow surrogate mothers, to allow qualified persons to bring injured animals within the city to see a veterinarian and also to allow animals to be petted by people. Councilman Thompson stated that he would be willing to study an ordinance. Charles Harper Mayor, asked Mr. Hodge and Dr. Cox to review State laws and licenses, and come back with some kind of report to the Council . Item 14b Mr. and Mrs. Lile Hopkins, and Will Presley, both of whom reside on Selma Drive, appeared regarding a ditch on the North side of Eissle Road. Councilman Thomas stated that if we had a retention ordinance we would not have this problem. It is a problem caused by a developer. Mr. Bonnett stated that there is an item in the capital improvements program covering this. If they decide to move forward they should go to a full capital improvements program. Cost is estimated at $112,000. Charles Harper, Mayor, suggested that they might want to do something themselves to help stabilize this while it is being considered in the capital improvements program. Mr. Hopkins stated that if they could get it filled it might help. Mr. Presley stated that along with the land, they have a safety and health problem. There is a hole where water stands and stagnates. This creates an urgent need for some relief. If the Health Department will spray, it will help the mosquito situation. It was suggested that he call the Health Department. Mr. Bonnett noted the requirements under our current ordinance. In an off-site situation, the current ordinance does not permit us to solve these problems. They may wish to consider a change in our ordinance to handle some of these off-site situations. 549 Item 14b, cont'd. Mrs. Frankie L. Durkee, 1010 Harding Street, stated that some of her problems have been created by the City in the cleaning out of Holliday Creek. She stated that a lake has been created behind the old Washington School , by taking out the dirt. Across from her, some of the flooding conditions have been corrected. Flooding has returned to the East side with the Holliday Creek improvements. She asked if the City has any plans to fix the hole behind Washington School ? Charles Harper, Mayor, stated that this is in the Holliday Creek project, and the Corps of Engineers is working on it. Mr. Bonnett stated that the timetable for work which will be accomplished in this area is about two years. Mr. Berzina explained that it involves two projects - Kell , and this one. The contractor' s problem is that he has nowhere to put the dirt. Councilman Thompson asked if Harding Street bridge will be removed, and Mr. Bonnett stated that it will be. It will be a six to nine months construction project to replace the bridge. There are several alternatives to choose from. Rose Harrison appeared as owner of Classic Cleaners at 2614 South- west Parkway, addressing an excessive water bill of $418. She stated that they had no leaks. After the meter was taken out, the bill was $207, which makes sense to her. Charles Harper, Mayor, noted that the Council has been under a very active meter replacement program for two or three years. Mr. Bonnett stated that the water meter did not ring true. He stated with certainty, however, that the amount of water billed did go through the meter. What they wish to do with respect to adjustment of a bill is the Council ' s decision. Mr. Barrett stated that they hook it up to a machine that is calibrated. They can measure the water that goes through a holding tank. The meter is tested in an area not under the control of utility collection. Charles Harper, Mayor, requested a report on this. Tommy Richardson, 4402 Montego, appeared as the owner of Image Advertising, concerning a billboard he owns at 2010 Southwest Parkway, in Funland. He requested that the agenda item be included at the next meeting. Councilman Buffum and Allred stated that they would like to see it brought back up again. Councilman Thomas asked if he is negotiable about the amount he will be willing to pay? Mr. Richardson stated that it is negotiable. Larry Robb, 4403 Nassau, commented on the water retention ordinance, stating that it has been considered for four years. He does not know how long this task force intends to take, but he would like to see some formal plan of action on it. Councilman Thomas thanked the crews that worked during this flood. He mentioned the Street Department and private enterprise. Foster Nursery used their trucks for hauling sand, and passed it out to those who needed it. Mr. Baker and Ferguson Veresh were also involved. Only one house was damaged, and one partially damaged in Tanglewood due to volunteers. Mr. Bonnett stated that we were able to lower the level of Lake Wichita before the storm. It will now take about 50 days to reach the 976 level . The rainfall came from Beaver Creek down the Wichita River. Charles Harper, Mayor, stated that the gates at Lake Diversion were not open. He would like to get with other people in the area to try to build a flood retention dam on Beaver Creek, so that it can be a controlled tributary. Mr. Bonnett agreed that a flood retention 550 Item 14b, cont'd. dam would be very desirable on the Beaver Creek reservoir. It would be necessary to determine the cost of a technical study. Councilman Hirschi desired testing on the quality of water. Charles Harper, Mayor, noted that this tributary lies almost totally on the Waggoner Ranch. Mr. Bonnett explained that this flood is only six inches lower than the flood in October, 1941. Councilman Thompson commented that Mrs. Durkee noted that Holliday Creek has been enlarged East of the Holliday Creek bridge. Many of the residents in that area are concerned that it is deeper than it has been before. There are those who feel that it is because of Holliday Creek construction. He would hope that we would move forward with our storm retention program. It is a problem that affects all of us. We have citizens who need assistance. Charles Harper, Mayor, stated that we are concerned about it, and we are planning to have a flood retention ordinance this year. Mr. Berzina stated that it appears unlikely that we will be able to obtain disaster assistance. We have to demonstrate that we are unable to handle it, and we seem to be handling it. Also, there is a certain number of homes that have to be flooded before they can get it. A shelter is open at Zundelowitz School . The Red Cross was out on Sunday. Both Councilman Thomas and Charles Harper, Mayor, stated that the Red Cross is the official count for damages. Councilman Buffum asked if we have any way of getting a forewarning of water coming down the river? Mr. Bonnett stated that the only way he knows of is working with the weather bureau. Councilman Hirschi mentioned late barricades in the Patton Addition, and large vehicles driving in resi- dents ' yards. Councilman Hirschi mentioned a sewer problem at 5th and Broad, and also manholes overflowing in various parts of town. Mr. Bonnett stated that the sewage treatment plant was immersed yesterday. We have lost 30- 40 percent of our lift stations, as far as capacity. People should keep their children out of flood waters because of contamination. Charles Harper, Mayor, requested that information be sent out apprising citizens of the danger of playing in the flood waters. Councilman Thomas asked if the off duty policeman who saved the life of someone was acting in the one on one program, stating that this exemplifies the importance of this. It was noted that the oversize vehicle ordinance is coming up. Councilman Allred invited the entire community to Fallsfest, and the Falls Turn-on, which are going on as planned. Councilman Thomas pointed out that the national advertising on the falls could not be purchased for the amount the falls cost. Councilman Buffum stated that the Board of Directors will be voting this week on pay raises on the budget for the Wichita County Appraisal District. A $2,500 pay increase was proposed for Lanier Wilson, from $55,000 last year to $57,500 this year. He stated that this issue will receive a great amount of attention. They also want to add additional steps and longevity to their pay plan. Mr. Barrett stated that basically they have a six-step plan, with five percent between steps, based on performance. They would like to expand that to eight steps. It would escalate two and one-half percent up to ten years. The step plan and $1,000 longevity plan overlap. Some would be eligible for both. There is a 20-30 percent differential between starting and ending pay. That would amount to 40 percent. The City' s plan is 30 percent differential . In his opinion, some of those proposals might be an option to not giving a cost of living increase. Councilman Buffum stated that a committee was formed from the Board of Directors. The key issue is how the Council feels about these salary changes. The County will vote 551 Item 14b, cont'd. i against this budget because of the steps and longevity. Mr. Barrett explained the City's step plan. The longevity plan is still in effect. Charles Harper, Mayor, disagreed with the overlap. They should do either one or the other. Councilman Thompson feels that too many steps are involved. They could end up with a top heavy organization. Councilmen Kirkham, Hirschi , and Allred are not in favor of the overlap. Councilman Thomas noted that he has nothing left to say. Mr. Berzina stated that Councilmen Thompson, Kirkham, and Allred care scheduled to talk with water district officials on June 4, at 10:00 A.M. Wayne Tarkington stated that he had attended many meetings of the Tax Appraisal District. Many times Mr. Wilson has put in a salary increase for himself, or the Board put it in for him. He asked why he needs one every year, if we are not going to increase others? Items 14c, d The City Council recessed into executive session at 1 :25 o'clock P.M. The meeting reconvened at 3:50 P.M. Moved by Councilman Allred that the following appointments be made. a. Arts Commission - terms to expire April 30, 1989 John Vitek (replacing Dr. June Kable) Henry Dvorken (reappointed) b. Planning and Zoning Commission - terms to expire May 31, 1990 Tommy Hammond (replacing Ralph Perkins) Jim Marshall (reappointed) Howard Morris (reappointed) Chairman until May 31, 1988 c. Storm Water Retention Task Force Bob Seabury, J. W. Jackson, Don Johnston, Mike Murphy, Ben Whitaker, Jerry Phillips, Billy Delaney, Brad Morse, and Syd Litteken Motion seconded by Councilman Thompson, and carried unanimously. The City Council adjourned at 3:55 P.M. l PASSED AND APPROVED this �� `v day of 1987. a` I.' Charles harper, Mayor ATTEST: Wilma J. Thomas, CMC, City Clerk