Loading...
Min 01/19/1999 371 Wichita Falls, Texas Memorial Auditorium Building January 19, 1999 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: Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Altman Johnny Burns - Bud Beaty James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Dr. George Ritchie, Chaplain, Wichita Falls Fire Department Item 3 There were no presentations Item 4 Rev. R. D. Sanders, 5537 Lucky Lane, Pastor of Anderson Chapel AME, expressed concerns about the allegations regarding the Police Chief. Rev. Sanders felt that Chief Schlieper had done a lot of good for this community and in particular cleaned up areas of concern. He stated that the Police Chief had a good rapport with people of color, and he has been very visible in the community. He wanted to know what the Police Chief had done to warrant his dismissal. Margaret Anderson, (no address was provided) expressed her concern about the potential dismissal of the Police Chief and wanted to know why he was being treated in this manner. She felt that things in our community were better now than they were before Chief Schlieper came because he has done so much good for this community. City Manager stated that he could not and would not go into the details because it was not the appropriate forum. There is a personnel action that is pending on this, but that has not run its course at this time. I have appointed Major Manuel Borrego as acting Police Chief. City Manager assured that the same programs which have been implemented by the Police Department will continue, along with improvements. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. 372 Items 6a-8d Mayor requested that Item 6a be brought down to the Regular Agenda. Councilor Altman requested that Item 6b be brought down to the Regular Agenda. Moved by Councilor Johnston that the consent agenda be approved with the exception of Items 6a and 6b. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 7a RESOLUTION NO. 6-99 RESOLUTION TO ACCEPT THE 1998 STREET RESURFACING PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 8a-8d Minutes for the following Boards and Commissions were received. a. Planning and Zoning Commission, November 11, 1998. b. Planning and Zoning Commission, December 9, 1998. c. Traffic Safety Commission, November 4, 1998. d. Civil Service Commission, December 18, 1998. Item 6a RESOLUTION NO. 4-99 RESOLUTION TO APPROVE AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION TO CONTRIBUTE FUNDS FOR THE RELOCATION OF UTILITIES FOR THE OVERHEAD EXPRESSWAY PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 4-99 be passed. Motion seconded by Councilor Johnston. Mr. George Bonnett informed that there were no cost changes involved. He explained the agreements and the costs. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 373 Item 6b RESOLUTION NO. 5-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WICHITA FALLS METROPOLITAN YMCA FOR LICENSE TO USE BALLFIELDS IN KIWANIS AND JAYCEE PARKS FOR THEIR SUMMER PROGRAM; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 5-99 be passed. Motion seconded by Councilor Shine. Mayor Yeager noted that Section 4.e. did not have any wording, and asked if this should be deleted or if something was left out. Mr. Jack Murphy replied that it needed to be deleted. Moved by Councilor Altman to amend the agreement by deleting Section 4.e. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Motion on the original motion, as amended, carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 9a A public hearing was held to receive comments on the February 1999 Quarterly revisions to the FY 1998-2000 Transportation Improvement Program. Mayor declared the public hearing open. Mr. Dave Clark explained that periodically there are items that require change to the Transportation Improvement Program. One revision to the Transportation Improvement Program is the addition of bridge repairs along Kell Freeway. In addition, funding amounts of FY 1999 Transit project have been revised reflecting amounts which have been approved by the Texas Department of Transportation for the State match for the FY 1999 FTA transit grant. Councilor Thompson mentioned that last year Council had discussed advertising on benches and asked for an update on that. Mr. Robert Powers informed that we have advertised for proposals and received one, however, there has been a snag with the Texas Department of Transportation because most of the benches would be on the State right-of- ways. Also, there has been a change in administration so we will have to wait to hear from them, but we are still working on it. Councilor Johnston noted that there was a need to begin looking at north-to-south access for this plan. Mayor called for public comment. There being none, Mayor declared the public hearing closed. 374 Item 10a ORDINANCE NO. 7-99 ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 7-99 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 a City Manager requested that Item 11a be pulled from the agenda until a later time. Moved by Councilor Johnston that Item 11 a be pulled from the agenda until a later time. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12a Moved by Councilor Thompson to award bid to the Uniform Shop in the amount of$28,567.50 for the estimated annual requirement of police uniforms. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 1 A discussion on stormwater drainage issues was held. City Manager gave a briefing on staff actions to this point and added that there is still a lot of discussion needed on how and when to get into the projects. Mr. George Bonnett provided information compiled from cities of Lubbock, Grapevine and Arlington on this issue. He gave a presentation on a suggestion of how to prioritize the projects. Council discussed the guideline presented by Mr. Bonnett. Also, short term solutions beginning this year and long term solutions were discussed as well as funding options. 375 Item 13 continued Councilor Shine wanted to see a short term solution this year along with a source of funding to begin and then a long term source of money to continue the project. Councilor Beaty concurred with Councilor Shine and he felt Council should use resources already available, like Reserve Funds and 413 Sales Tax Funds, before going to another source. He felt the Council should make a good faith effort to get with the 413 Board and see what can be done with sales tax money before we try to come up with another source of funding for this project. Mayor cautioned that we have to be very cautious about the amount of equity that we spend. We built that equity up for a reason. I agree with Dan to move forward with a short term project but I think we have to come up with a source of funding that will be there, a dedicated source, over the long haul. We are not going to have equity funds every year that we would have available to put into this. If we do not go with the stormwater utility district type funding, and if we are going to spend $1.5 million on drainage every year, we are going to have to budget that. That means we would either have to increase the property tax rate or cut programs in some other areas. When we commit to this we will have to say that we are going to do this every year until we get to a reasonable conclusion on all the projects. I am not willing to commit to a long term overall plan until we have looked at the building codes and determined that we are not going to continue creating additional problems while trying to solve those we have on hand now. Councilor Beaty clarified that we should look at equity for the short term and should get with the 413 Board and look at that source of funding for both short and long term. City Attorney noted that the majority of the drainage projects would not qualify for 4B funding, although some will, and if they qualify you have to determine if they are priority projects. Councilor Beaty mentioned that $11 million had been identified so there are plenty of funds that do apply to 413 funding. Mayor commented that although projects qualify it does not mean that they have to be done right now. Also, just because projects are eligible under 4B does not mean that the funds are available. Councilor Burns stated that in his opinion what Council needed was a list of projects that do qualify and then determine which are priority projects. He also suggested Council be provided with a list of other projects that could be handled with available funds. We need to decide how this is going to be handled in the future. We need some sort of a plan. City Council recessed at 10:10 a.m. and reconvened at 10:25 a.m. Discussion of stormwater drainage issues continued. Mr. Jim Dockery provided a history on General Fund balances beginning with 1992- 1993 through 1997-1998. Mr. George Bonnett explained the Storm Water Utility District and the approaches used by Lubbock, Grapevine, and Arlington. City Attorney stated that Staff was going to have to discuss with Council these various forms of utility districts in order to determine which is the best, if that is how Council wants to proceed. He added that some sort of cap is appropriate and that is going to have to be discussed. He spoke about the time frame and requirements to establish a utility district. Council will need to determine how to make the assessment and the amount. He explained that it would be self executed much like a water meter, and will be administered by the City. He felt that the appeal process should be kept with the Staff because he did not think Council would want to make those decisions. Mayor stated that if it is the consensus of the Council to move forward and more definitively come up with an ordinance to create a Storm Water Utility District, Staff needs additional input from Council on some of the details to enable them to structure this ordinance. Mayor said that the most expeditious way to handle that would be to have a Council committee work with Staff to create the ordinance and bring it back to the Council as soon as possible. Also, in the meantime, the committee would work with the Staff to see what projects could be addressed with whatever funds, whether out of equity or some other available funding resource. Councilor Shine asked if it would be two committees working on 376 Item 13 continued this, one to work on the problems and the prioritization and the other to work on the funding. Mayor stated it would be one committee. Mayor sensed that Council does want to do something with stormwater drainage. It seems to be some what of a consensus that if we are going to do this we need to establish some sort of a dedicated source of funding so that if we start out on this there is a way to continue year after year. Are we going to establish a stormwater utility district or do we want to do it every year out of the budget? Councilor Shine said he felt there should be two different committees instead of one. One committee to consider the funding and one on the problems and projects. Councilor Thompson thought there were two issues that are being considered. One, that short term we want to proceed after Mr. Bonnet goes through his system analysis and determines what can be done immediately and what funds are available to achieve that. I think we all agree on that, but I don't think we agree on the long term method of financing over the years. Even though we talked about utility districts, I don't think that in the mind of most Council members that is yet settled. We want to go somewhere but we are not sure how we want to get there. He suggested talking about what it is going to cost and who is going to pay and who is going to benefit. A comfort level has to be there. Councilor Altman felt that they need to look at setting up a district and then decide what funding level they are going to create for that district to have some steady source. He felt they do need a dedicated fund. Councilor Thompson said that they probably need a combination. Councilor Altman agreed and added that we may have 4B funding or current funding but we are going to have a basic mechanism to create some minimum amount of long range funding and the only solution I have seen is to create this district. Council discussed whether to have two committees and whether staff should prepare a proposed ordinance to create a stormwater utility district. Several Council members were opposed to looking at a new source of funding before checking current available funds. Several Councilors felt they wanted to be involved in the budgeting process up front before it is prepared. Concern was expressed that without a dedicated source of funding it appears, based on past trends, that as councils change, views change, priorities change and things get put off. City Manager informed on other funding sources, specifically, taking funds from existing budgets, stormwater utility districts, property tax rate, 413 sales tax, and equity. He concluded that his task now was to start that search to find short term and to get some projects going. Additional discussion ensued on the various funding options and related issues. Mayor stated that Council will start looking for resources to do a certain amount of short term immediate projects and taking an in-depth look at a stormwater utility district ordinance. Mayor will appoint a council committee to work with the staff to do this. Item 14a Councilor Thompson expressed appreciation to the citizens who attended the MLK breakfast. He stated that every year he has asked that the City set aside that holiday on the Monday following as a day off for our employees, and he still feels that should be done. He asked that the City consider the possibility of trying to encourage and be a pacesetter, and role model where City employees can be involved in certain volunteer projects such as feeding the homeless and some ecology programs. He did not think that Dr. King would want us to take the day off and just stay at home, but he thought the highest respect we can show to one of the highest heroes America has every produced is by doing something for our brothers and sisters who are less fortunate than we. I think the City should and could be involved in such a process. I think our children would benefit from this. He asked that this possibility be explored and that implementation be discussed within a month. 377 Item 14a continued Councilor Thompson asked that the City and churches encourage a dialogue on race annually whereby we could take the lead role. We need to be sure that all of our children and people get to know each other culturally. These are things I would like, if we could implement, in the memory of Dr. Martin Luther King. We owe Dr. King a great debt of gratitude for the many achievements. Councilor Thompson referenced the Police Chief matter and asked that we be in prayer for the City Manager in the decisions that he has to make, and also for Chief Schlieper. We want to be supportive and not slandering or taking sides. When the process is worked out so that we can have a healing, we need to move forward, whatever the decision is. Councilor Beaty expressed appreciation to Mr. Robert Parker and his staff for their prompt response to a citizen's concern. Councilor Johnston asked that we consider Council input during the budget process. He asked for a report on the Charter review. City Attorney stated that the committee would meet probably one more time, and he anticipates having recommendations to the Council in a timely fashion in proper form to be put on the ballot for the May election. Councilor Shine invited everyone to attend the Kiwanis Pancake Festival on January 30 at MPEC. Councilor Shine expressed appreciation to Councilor Thompson for his remarks in regards to Dr. King. We are in a time of much needed prayer. Councilor Burns thanked Mr. Robert Parker and all the Staff for the quick response to citizen concerns. Councilor Altman referred to the Police Chief matter and stated that the City Manager has spent a considerable amount of time evaluating this situation. He wholeheartedly supports the decisions that the City Manager has to make because he has taken a great deal of time with this and he has a great deal of compassion for people and the people involved in this situation. He agrees with Councilor Thompson to offer prayers for all involved in this situation. Mayor expressed appreciation to Dorothy Burns for all the time she devotes to the MLK breakfast. It was an excellent turnout and every year the attendance has grown. It was a privilege to attend and be a part of the that event. Mayor stated that the Council will receive the semi-annual report on the goals, and she asked that Council look at those and discuss these at a worksession to see what has happened in the last six months and determine what direction the Staff needs to take in regards to the budget process. Mayor mentioned that the Texas Municipal League will hold a legislative meeting on February 1 in Austin. Item 14b City Manager informed that Wichita Falls Day in Austin will be April 13-14. Mr. Robert Powers informed that there would be a supplement to the goals and that he would be making a presentation at another time. Mr. George Bonnett informed that the Wednesday yard waste collection will terminate at the end of January and begin again in March. Item 14c The City Council went into Executive Session at 12:30 p.m. as authorized by Section 551.071 of the Government Code, and reconvened at 1:25 p.m. 378 Item 14d(1) Moved by Mayor Yeager that Mr. Wayne Richey be appointed to the Aviation Advisory Board with term to expire December 31, 2000. He will replace Dr. Gunnell, Place 6. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 14d(2) Moved by Councilor Beaty to table appointments to the Clean Community Commission. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 14d(3) Moved by Mayor Yeager that the following persons be appointed to the Commission on Human Needs. Member Expiration Date Mr. Robert Thomas, Place 1 12/31/99 Mr. Ron Steele, Place 2 12/31/99 Mrs. Corry Blount, Place 7 12/31/2000 Mrs. Sandra Dudley, Place 10 12/31/2000 Mrs. Mary Walker, Place 13 12/31/2000 and that the following be reappointed: Mrs. Penny Miller, Place 6 12/31/2000 Mrs. Rita Vokes, Place 11 12/31/2000 Mrs. Patricia Lebus, Place 12 12/31/2000 Mrs. Vicki Tanner, Place 16 12/31/2000 Mr. Bill Winaski, Place 17 12/31/2000 Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 14d(4) Moved by Councilor Thompson that Mrs. Diane Stewart be appointed to the Wichita Falls-Wichita County Public Health Board with term to expire December 31, 2000. She will replace Dr. Gunnell, Place 2. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty 379 Nays: None Item 14d(5) Moved by Councilor Burns that Mrs. Card Harlan be appointed to the Landmark Commission with term to expire December 31, 1999. She will replace Mr. Wachsman, Place 2. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None The City Council adjourned at 1:45 p.m. PASSED AND APPROVED this -day of , 1999. KA`HRYN A. Y AGE MAYO ATTEST: r Lydia Torres City Clerk Regular meeting of the Mayor and City Council of the City of Wichita Falls, Texas to be held in the City Council Chambers of the Memorial Auditorium on Tuesday, January 19, 1999 beginning at 8:30 a.m. City Council: Mayor Kay Yeager - Councilors Angus Thompson, Bud Beaty, William Altman, Don Johnston, Johnny Burns and Dan Shine 1. Call to Order. 2. Invocation: Dr. George Ritchie Chaplain, Wichita Falls Fire Department 3. Presentations: 4. Comments from the public to members of the City Council on items which are not on the City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution To Approve An Amended Agreement With The Texas Department Of Transportation To Contribute Funds For The Relocation Of The Utilities For The Overhead Expressway Project. (City Council Bill #11) b. Resolution Authorizing The City Manager To Execute An Agreement With The Wichita Falls Metropolitan YMCA For License To Use Ballfields In Kiwanis And Jaycee Parks For Their Summer Program. (City Council Bill #12) 7. Change Orders and Payment Approvals: City Council Agenda Tuesday, January 19, 1999 Page 2 a. Resolution To Accept The 1998 Street Resurfacing Project. (City Council Bill #13) 8. Receive Minutes: a. Planning & Zoning Commission - November 11, 1998 b. Planning & Zoning Commission - December 9, 1998 c. Traffic Safety Commission - November 4, 1998 d. Civil Service Commission - December 18, 1998 REGULAR AGENDA 9. Public Hearings: a. A Public Hearing To Receive Comments On The February 1999 Quarterly Revisions To The FY 1998-2000 Transportation Improvement Program. 10. Ordinances: a. Ordinance Making Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #14) 11 . Resolutions: a. Resolution To Approve Contract With Biggs & Mathews, Inc. For The Preparation Of An Amendment To The City Of Wichita Falls Landfill Permit 1428 From The Texas Natural Resource Conservation Commission. (City Council Bill #15) 12. Award of Bids: a. Award Of Bid For The Estimated Annual Requirement Of Police Uniforms To The Uniform Shop In The Amount Of $28,567.50. 13. Discussion of Stormwater Drainage Issues 14. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. City Council Agenda Tuesday, January 19, 1999 Page 3 b. Staff/Council discussion. c. Executive Session: (1) Briefing By City Attorney Regarding Pending Litigation Cause No. CCL-905-96-F; Sherry Ann Norman and Freddie Ray Norman v. City of Wichita Falls; Texas Government Code Section 551 .071 (2) Consider Appointments to Wichita Falls-Wichita County Public Board of Health d. Appointments to Boards and Commissions (1) Aviation Advisory Board (2) Clean Community Commission (3) Commission on Human Needs (4) Wichita Falls - Wichita County Public Board of Health (5) Landmark Commission 15. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 19 at o'clock (a.m.)(p.m.) City Clerk