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Min 09/17/20021 1 1 140 Wichita Falls, Texas Memorial Auditorium Building September 17, 2002 u_.Y_ A O It 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: Item 2 Bill Altman - Johnny Burns - Arthur Bea Williams - Linda Ammons James Esther, Jr. - Michael Norrie - Harold Hawkins - Mayor Mayor Pro Tern Councilors James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. The following person spoke under Public Comments. Tom Toney, 3216 Galloway Road, requested a waiver on replatting requirements. Staff will review and submit written recommendation to Council. Pastor Greg Ligon, Colonial Baptist Church, gave the invocation. Item 4 Mayor proclaimed the week of September 17 -23, 2002 as "Constitution Week" and urged everyone to reflect on the privileges the Constitution provides them. Mr. Elmer Emory, University Kiwanis Club President, presented the City a check in the amount of $6,000, which are proceeds from their concessions. Mayor Altman and Mr. Jack Murphy accepted the check on behalf of the City. Item 5 Mayor Altman and City Clerk Lydia Torres canvassed the returns of the Special Municipal election held September 14, 2002. Item 6 141 ORDINANCE NO. 76 -2002 ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON SEPTEMBER 14, 2002; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 76 -2002 be passed. Motion seconded by Councilor Ammons. Councilors Williams and Ammons agreed to amend the Ordinance to include the canvassed figures in the appropriate blanks in this Ordinance. Item 7 Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns and Hawkins Nays: None The minutes of September 3 and September 10 were approved as distributed. Items 8a -10d Item 8 Item 9 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns and Hawkins Nays: None RESOLUTION NO. 96 -2002 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HABITAT FOR HUMANITY OF WICHITA FALLS, INC. ACTING AS AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Bid was awarded to Frank J. Zamboni & Co. in the amount of $51, 055.00 for the purchase of an Ice Resurfacing Machine for the MPEC Coliseum. Items 102 -10d Minutes of the following board and commission meetings were received. a. Wichita Falls Traffic Safety Commission — August 7, 2002 b. Wichita Falls Park Board — August 22, 2002 c. Civil Service Commission — August 1, 2002 d. Landmark Commission — August 28, 2002 142 Mayor informed that the order of the agenda would be changed. Items 12a and 12b will be deferred to the end of the agenda. The Council will recess at 11:30 a.m. to attend an economic forum and will reconvene at 1:30, at which time the budget and tax rate items will be taken up. Item 11 A public hearing was held on the 2002 -2003 preliminary budget. Mayor declared the public hearing open. David Brock, 1819 Hines, asked Council to take a long look at the affect an increase would have on the small businesses. He asked that they look at ways to minimize the tax rate because small businesses are the ones that are affected more. He asked Council to look at less but not more than 5 %. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Items 12a and 12b were deferred until the end of the agenda. Item 12c ORDINANCE NO. 79 -2002 ORDINANCE AMENDING SECTION 32 -1 OF THE CODE OF ORDINANCES TO ESTABLISH A LATE PAYMENT FEE FOR UTILITY BILLING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 79 -2002 be passed. Motion seconded by Councilor Williams. Councilors Ammons and Williams agreed to amend the ordinance by extending the grace period from 12 days to 15 days. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 12d ORDINANCE NO. 80 -2002 ORDINANCE TO RESCIND ORDINANCE NO. 77 -98 AND TO APPROVE WHOLESALE WATER RATES FOR CONTRACT WATER CUSTOMERS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 80 -2002 be passed. Motion seconded by Councilor Esther. Mayor clarified that these rates do not affect our local City customers. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins 143 Item 12d continued Nays: None Itam 19a ORDINANCE NO. 81 -2002 AN ORDINANCE ENACTING SECTION 106 -28 TO THE CODE OF ORDINANCES RELATING TO FEES PROVIDED BY THE PUBLIC UTILITIES DIVISION; REPEALING RESOLUTION 142 -94; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 81 -2002 be passed. Motion seconded by Councilor Williams. Councilor Ammons stepped out of Council Chambers. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 12f ORDINANCE NO. 82 -2002 ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT AND TO APPROPRIATE $83,293.00 IN THE SPECIAL REVENUE FUND; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 82 -2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Ifam 11n RESOLUTION NO. 97 -2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2001 -2002 SANITARY SEWER BUDGET UTILITY IMPROVEMENTS PROJECT (BUIP); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 97 -2002 be passed. Motion seconded by Councilor Norrie. Councilor Ammons returned to Council Chambers. Motion carried by the following vote. 144 Item 13a continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Ifiam 11h RESOLUTION NO. 98 -2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE COUNTRY CLUB WATER SYSTEM IMPROVEMENT PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 98 -2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 13c RESOLUTION NO. 99 -2002 RESOLUTION TO REJECT BID FOR THE 2001 -2002 VALVE REPLACEMENT BUDGET IMPROVEMENTS PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 99 -2002 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 13d RESOLUTION NO. 100 -2002 A RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE OFFER TO THE TEXAS VETERANS' LAND BOARD AS RECOMMENDED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION'S FISCAL YEAR 2001 -2002 BUDGET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 100 -2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Itam 1 la RESOLUTION NO. 101 -2002 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TRAFFIC FLOW ANALYSIS EQUIPMENT IN THE AMOUNT OF $24,360; FINDING AND DETERMININGTHAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 101 -2002 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None City Council recessed at 10:10 a.m. and reconvened at 10:25 a.m. Itam 14a Moved by Councilor Norrie to award bid to Olen Williams, Inc. in the amount of $55,277.00 for the fabrication, installation assistance, service and maintenance of the MPEC Coliseum scoreboard system. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Itam 14h Moved by Councilor Williams to award bid to Hoffend & Sons, Inc., in the amount of $45,700.00 for the fabrication, design, installation and maintenance of the MPEC Coliseum scoreboard hoist system. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 15a This item was deferred until the end of the agenda. Item 15b There were no staff reports. r U F� 1 1 146 Item 15c Moved by Councilor Burns that the following persons be appointed to the Commission on Human Needs: Ms. Debbie Lawson, Place 1 Mr. Sylvesta Shed, Place 3 Ms. Julia Ruffins, Place 4 Ms. Teresa Ramos, Place 5 Mr. Bobby Hall, Place 12 Mr. Jeffrey Pixler, Place 14 Ms. Diane Garcia, Place 15 Ms. Becky Meadows, Place 16 Ms. Dorothy Wills, Place 17 Term expires December 31, 2002 Term expires December 31, 2002 Term expires December 31, 2003 Term expires December 31, 2003 Term expires December 31, 2002 Term expires December 31, 2003 Term expires December 31, 2002 Term expires December 31, 2002 Term expires December 31, 2003 Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 15d City Council went into executive session at 10:42 a.m. as authorized by Section 551.071 of the Texas Government Code. City Council reconvened at 10:55 a.m. Mayor announced that no votes or action was taken in executive session. City Council recessed at 11:01 and reconvened at 1:45 p.m. Items 12a and 12b were taken up at this time. Item 12a ORDINANCE NO. 77 -2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, AND APPROVING REVISIONS TO THE 2001 -02 BUDGET; DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor noted that this budget year was the most difficult they have had and they will be making very difficult decisions today on this budget. He explained the list of suggestions he had handed out to the Council, which are listed below. Mayor made the following suggestions to the City Manager's proposed budget. Add the GPS Survey System in the amount of $51,000 from the Storm Water Fund; Add the following to General Fund: Add $1,275,000 for street maintenance; Add $38,000 for overhead doors at Fire Station No. 1; Add $9,500 for purchase of 5" fire hose; Add $1,760 for purchase of filing cabinets for Personnel; Allow the following revenue changes: One -cent tax increase, which would generate $328,000; Increase sales tax projections to 0.7534% growth over current year estimates, which would generate $82,481; 147 Item 12a continued Take $665,000 from General Fund and $655,102 from the Sanitation Fund and add these amounts to the City Manager's budget, which would give total revenue of $1,730,583. Include the following: 3% pay raise totaling $220,083 for the fire fighters over and above what is already in the proposed budget, for a total of 7' /z %; Add two additional police officers and one vehicle at $21,500 for a total of $120,000. This would bring the total to $1,324,000. Set aside 2'/2 % ($66,240) for the hard to hire categories. With this addition the total would be $1,730,000. This balances the additional revenue mentioned above. Councilor Williams suggested looking at positions that have not be filled. She has identified some that could be looked at for next year's budget. She suggested eliminating them for one year to determine the need. She mentioned that some have been vacant for quite some time and questioned why it takes so long to fill a position. Councilor Ammons agreed with Councilor Williams and questioned if other employees were replacing these vacancies with overtime. Mrs. Stricklin stated that in many instances they were using overtime to fill those slots. Mayor suggested that Councilor Williams' list be given to the City Manager and the Directors to review for next budget year or for the Council Finance Subcommittee to review. Additional discussion of the budget ensued. City Council recessed at 3:20 p.m. and reconvened at 3:40 p.m. Budget discussion continued and Council members gave their ideas and opinions on the suggestions made by the Mayor. Moved by Mayor Altman to accept the City Manager's proposed budget figuring in an additional one -cent tax increase to the revenue side of the budget, which would generate $328,000 and increase the projected sales tax to 0.7534 %, which would generate $82,481. In addition, take from General Fund balance an additional $665,000 above the City Manager's proposed budget figures and take from the Sanitation Fund $655,102 above the City Manager's recommendation, yielding $1,730,583 additional revenue. On the expenditure side begin with the City Manager's figures and add to the expenditure side $51,228 to be taken from Storm Drainage Funds. In addition to the City Manager's proposed budget amount, add $1,275,000 for Street Maintenance. Also, add $38,000 for overhead doors at the main Fire Station. In the Fire Department Budget add $9,500 to purchase 5" fire hose. In the Administration Budget add $1,760 to purchase file cabinets. This would total $1,324,260 for above current requests. In addition, set aside the amount of $220,083 for an additional 3% pay increase for fire fighters over and above the pay increase recommended in the City Manager's proposed budget. Include $120,000 for two additional police officers and vehicle, over and above the City Manager's proposed budget. Include $66,240, which represents a 2' /s % set aside for hard to hire categories. This results in total additional expenses of $1,730,583, which leaves a balanced budget with additional expenses and revenue as compared to the City Manager's proposed budget, which was balanced. Motion seconded by Councilor Burns. Councilor Norrie asked if the hiring of the two additional officers could be expedited. Mrs. Stricklin stated that they would hold a mini academy to expedite. Mayor Altman and Councilor Burns withdrew their motion and second replacing it with the following motion. Moved by Mayor Altman that Ordinance No. 77 -2002 be passed with the additions in the revenue and expenditure columns that he mentioned in his original motion. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns and Hawkins Nays: None 148 Item 12b ORDINANCE NO. 78 -2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 2002 -03 FISCAL YEAR; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Mayor Altman that Ordinance No.78 -2002 be passed by inserting the following figures in the designated blanks. Blank one - $0.532984 Blank two - $0.532984 Blank three - $0.592460 (The new total tax rate would be $0.592460.) Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 15a Councilor Ammons thanked Habitat for Humanity and all involved for doing a good job. Councilor Burns expressed appreciation to all who were involved in this budget process and stated how proud he was of everyone's work. Councilor Esther referred to the budget process and was thankful for an experience of a lifetime noting that that was how the Council is able to assist our police and fire personnel. He hopes that the public will understand that at no time at all was it the desire of the Council to not give pay recognition to our fire and police departments. It was his hope that through the years we would be able to negotiate these types of activities prior to using the media. We should not be the source of information for the newspaper. We are here representing all of the citizens of our City, and if we have any disagreements we should sit down like responsible adults and solve the differences. We have always tried to do what was right by the police and fire fighters. Councilor Hawkins mentioned that this was only the second time in ten years that Council had increased taxes but in those ten years he has had people complain because their taxes go up, but it is because we are the third taxing entity to set the tax rate. The WFISD for ten years has raised their taxes to the point they cannot raise them any more. The past and present councils have never considered raising taxes just because they could. The Council agonizes over taxing the citizens of Wichita Falls. I hope the citizens appreciate how we do labor over this process and I hope the employees of Wichita Falls realize how we respect and appreciate them. He was appreciative for the opportunity to serve on this Council. Councilor Williams thanked the Staff for all the information provided to Council. She said that regardless of the outcome of the election, for her, it was not a matter of whether she respected and regarded the fire fighters and police officers. With or without the raise they are still extremely valuable, and respected citizens of this community. I hope any animosity will in time abate. Everyone we have is valuable. Pay is what we can afford to pay, and what we have done today by adding the additional 3% is to say we recognize that we need to do something about the salaries and we need to do something about all employees salaries and that is what we tried to do today. 149 Item 15a continued City Manager stated that he knew it was difficult to increase taxes and it was difficult to present this proposed budget with a tax increase. You handled next year this year by addressing such issues as the street maintenance. The reason for the 3% to the Fire Department is that the Fire Department is 8% below the Police Department and it was too much of a gap and we are trying to bring a balance. This budget took courage and he feels this has been the best budget process we have followed so far. Mayor mentioned that September 27 will mark the 1201h anniversary of our City and the staff is planning a citywide celebration. Mayor referred to the election article in the Saturday edition of the TRN written by Sarah Pancoast and commended her for her honesty by informing him that she did not write the beginning paragraph in the article and she did not know where it came. Mayor noted that it reflected a great deal of journalism integrity on her part. Mayor thanked all the citizens who gave the Council input and ideas regarding the budget. I believe that the budget adopted today comes as close as we can comfortably come to staying with what the citizens expect and want in terms of efficient services. He thanked the City Council noting that this has been the most difficult budget. I have seen more cooperation and concerned input from citizens and we have the best budget to provide a good level of services. City Council adjourned at 4:45 p.m. PASSED AND APPROVED this I day of �' E 2002. ATTEST: Lydia Torres City Clerk Li-LI Q sarn� iL Mnn� WILLIAM K. ALTMAN • kel Ll