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Min 06/20/1995 1 915 Wichita Falls,Texas Memorial Auditorium Building June 20,1995 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: Michael Lam - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk J.W. Martin - Absent Mayor Lam called the meeting to order. The invocation was given by Mayor Michael Lam. Item 3 Moved by Councilor Johnston that the minutes of June 6, 1995 meeting be approved. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, and Hawkins Nays: None Items 4a-6d Moved by Councilor Johnston that the consent agenda be approved. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, and Hawkins Nays: None Item 4a Bid was awarded to UEC Equipment Company in the amount of $72 , 586. 00 for the purchase of a hydraulic digger derrick. Item 5a RESOLUTION NO. 82-95 RESOLUTION TO ACCEPT THE LANDFILL FINAL COVER - AREAS A, B & C PROJECT AND AUTHORIZE FINAL PAYMENT TO BOBBIE D. HAYNES CONSTRUCTION CO 916 Item 5b RESOLUTION NO. 83-95 RESOLUTION TO APPROVE DENVER AND NORTH BEVERLY WATER STORAGE TANKS PAINTING PROJECT AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Item 5c RESOLUTION NO. 84-95 RESOLUTION TO ACCEPT RECARBONATION BASIN PROJECT AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Item 6a-6d Minutes of the meetings of the following boards and commissions were received. a. Wichita Falls Arts Commission, June 1, 1995 ° b. Water Resources Commission, June 2, 1995 c. Civil Service Commission, June 2, 1995 d. Commission On Human Needs, June 5, 1995 Item 7a A public hearing was held on the City of Wichita Falls Citizen' s Participation Plan for the Development of the Consolidated Plan. Mr. Dave Clark stated that there were two aspects on today' s agenda regarding CDBG funds. The first is a public hearing concerning the Citizen' s Participation Plan. In pursuing federal funds one of the newer requirements is the development of a Consolidated Plan. This supercedes what was formally known as CHAS (Comprehensive Housing Affordability Strategy) . The new plan is more comprehensive in that it considers several funding sources in the federal government and it considers programs for a five year period that the city might become involved in. One of the things we are doing is to update and complete that Consolidated Plan and an element of that is the Citizens Participation Plan. We previously had a Citizen' s Participation Plan but this changed to reflect incorporation of the other elements, just mentioned, from the new Consolidated Plan. We have been following these elements and are completing this plan concurrently with the CDBG process and this morning the citizens are allowed an opportunity to comment on the procedures which are incorporated in the Citizens Participation Plan. Mayor asked Mr. Clark to clarify the difference between this public hearing and the following one regarding use. Mr. Clark explained that this public hearing will have to do with the Citizens Participation Plan which establishes the number of public meetings and the input into the CDBG process, which we have been following. The second public hearing deals with this year ' s funding. This funding element has to do with the upcoming year funds beginning in October. A subcommittee of the City Council has reviewed applications and will be making recommendations today. Mayor declared the public hearing open. No one wished to be heard. Mayor declared the public hearing closed. Item 7b A public hearing was held on the Proposed Use of Community Development Block Grant Entitlement Grant Funds. Mr. Clark informed that this hearing had to do with the use of CDBG funds for the upcoming year. $2,057,000 is expected to be received from that program, and $528,000 from HOME funds. With the cancellation of some previously approved projects, the 917 Item 7b, cont'd. total available block grant funding comes to $2,151, 475. Applicants previously presented their requests to the City Council subcommittee. The results of that are the proposals for the use of those fund, which are included in Council' s packets. Councilor Hawkins informed that the subcommittee is requesting a reduction in the unprogrammed funds from $5,238 to $1,838 because $3 ,400 will be used to insulate the ceiling of Fire Station No. 2. It is expected that this will reduce the work load on the heating and air conditioning system. That will be a total available funds of $2,148,075. Mayor declared the public hearing open. Barbara Green, Eastside Girls and Boys Club, 610 Sullivan Street, said she submitted her request to the committee, and presented photos to the Council of the areas of need at their facility. She informed that she wanted to upgrade their facility in addition to complying with American Disabilities Act. She asked that her request be reconsidered to upgrade the bathrooms. Mayor asked for the cost estimate for the upgrade. Ms. Green replied that it was approximately $10, 662. Councilor Thompson asked for the balance of available funds. Councilor Hawkins replied that available funds were $2,148,075. Councilor Thompson clarified that he wanted to know the balance after the deduction to insulate Fire Station No. 2. Councilor Hawkins replied that the balance on unprogrammed funds was $1,838. Councilor Hawkins requested that Mill & overlay be reduced from $142,515 to $139,115 with the difference being the $3400 to insulate Fire Station No. 2. Councilor Daniel arrived at the Council table at this time. Mr. Clark explained the recommendation for block grant funds which is included in Council' s packets. He stated that the outside agencies recommended by the Council Committee were Boys & Girls Club Renovations, Child Care Inc. - Child Care, Lamar Center, Christmas in April, Community Action Corporation - Meals on Wheels, Senior Citizen-Home Delivered Meals, YWCA - Demo Buildings, and North Texas Center for Non-Profit Management. There are some continuing programs and some are new programs. The new ones are the Youth Build Program which would go along with the Community Action Corporation application for construction of new homes in the eastside, and the Facade Easement Program which would facilitate improvements of buildings in the downtown area. A Job Program which would incorporate both educational aspects and job completion aspects regarding concrete work, training to low and moderate income youth, Fire Station No. 3 Reroofing Project, and Martin Luther King renovations. The other new programs this year would be improvements to Jalonick Park, East Lynwood Park, Scotland Park, and the rehabilitation and replacement of sanitary sewer lines. This would be in conjunction with what the Public Works Department is going through regarding sewer improvements to the community. If there are requirements for improvements to private sewer connection systems, this would assist low to moderate income people. Improvements related to the waste water system, water line replacement program, and a fire truck for Fire Station No. 3 are the new elements for the block grant that are recommended. Councilor Shine asked if the Committee reviewed the outside agencies as well as the inside projects. Councilor Hawkins responded that the Committee had reviewed the entire CDBG funding, and the recommendations that are being looked at are from the Committee itself. He addressed Ms. Green and stated that they would have wanted to fund her request but had very 918 Item 7b, cont'd. little information on it. It was incomplete. Ms. Green replied that she had contacted several people to come to the eastside to give her bids but only one gave her an estimate. Since that time she has continued to call others to give her an estimate but she has not received any replies. Councilor Hawkins said that he was not implying that she had not done her job but that sometimes they did not have enough information to go on. He stated that one of the requirements placed on CDBG funding is that each entity applying for CDBG funds attend two training sessions offered by Dee Decker to train the people to prepare the applications so that sufficient information is available for the committee to make fair decisions. Councilor Thompson encouraged the Eastside Girls Club to pursue this by obtaining some bids on architectural designs. Sometimes all of the monies are not used and some funds have been reprogrammed and I would like to encourage them to look at that possibility. Councilor Thompson mentioned that the Jalonick Neighborhood Service Center was not on the list. He said there was some graffiti on the walls of that building and wanted to know if something could be done about painting that building. Mr. Clark informed that a request had not been received on that. Mr. Dockery informed that the block grant program prohibits maintenance items and that is considered a maintenance item. It has to be rehabilitation or renovation to be eligible. William C. Young, 1018 Widows Lane, mentioned that there was a County program where the offenders paint the different signs around town. He suggested that they look into this program. Mayor called for other comments or input. There were none. Mayor declared the public hearing closed. Item 8a RESOLUTION NO. 85-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE HOLIDAY INN OF WICHITA FALLS AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF COMMERCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 85-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 8b RESOLUTION NO. 86-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A TRANSFER OF CABLE TELEVISION FRANCHISE FROM TWE TO TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Daniel that Resolution No. 86-95 be passed. 919 Item 8b, cont 'd. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 8c RESOLUTION NO. 87-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE CITIZEN'S PARTICIPATION PLAN FOR THE DEVELOPMENT OF THE CONSOLIDATED PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 87-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 8d RESOLUTION NO. 88-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE WICHITA FALLS FAMILY PRACTICE RESIDENCY PROGRAM FOR FISCAL YEAR 1994-95 Moved by Councilor Daniel that Resolution No. 89-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 8e RESOLUTION NO. 89-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE PROPOSED USE OF FUNDS UNDER THE CONSOLIDATED PLAN; 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. 89-95 be passed. Motion seconded by Councilor Johnston. Mr. Clark mentioned that it would be appropriate at this time to take action on the suggestion to reduce the unprogrammed CDBG funds by $3400. Moved by Councilor Hawkins to amend the original motion by reducing the CDBG unprogrammed funds from $5, 328 to $1,838 which will make available funds for obligation $2,060,751, for a total possible obligation of $2,148, 075. He further moved that on the list of Committee recommendations, Mill & Overlay be reduced from $142,515 to $139,115 which will make the total internal 920 Item 8e, cont'd. request recommendations $1, 883 , 349 and will balance out on total internal and outside agency and requested expenditures to $2,148 , 075 . Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Original motion as amended carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 8f A proposed resolution was presented designating Lamar School as a polling location for voters in precinct number four. Moved by Councilor Hawkins that proposed resolution be passed. Motion seconded by Councilor Thompson. William C. Young stated that the area of Sunnyside is increasingly more elderly and they are having trouble going all the way to Washington Jackson Elementary to vote. As a result, their turnout has been terrible. Mr. Young said that he had been an advocate of people having their right to vote the easiest and the most convenient possible way. The people of Sunnyside request that Council consider this and give a favorable vote on it. The elderly just can' t get out. Council asked numerous questions regarding additional costs, comparisons with other precincts, reasons for not taking advantage of early voting or mail ballots, and Department of Justice pre-clearance process. These questions were discussed and there was a concern that additional information was needed before acting on this resolution. J. C. Bradberry, 1627 Lucas, commented that they have had problems in Sunnyside in the past. Mr. Bradberry wanted to know why the lines were drawn in such a manner that his neighbor could vote at Lamar but he had to vote at Washington Jackson Elementary. City Manager informed that goes back to when the City went to districts and the whole thing was redistricted. Many sessions were held with the people who brought the lawsuit and with Justice Department representatives, and the result was a compromise across the City as to where the voting locations would be. There are several places in the City where the lines are drawn down the middle of the street. Moved by Councilor Thompson that the proposed resolution be tabled in order to receive a report from the City Attorney as to the implications with regard to other polling places and the effects this would have on over all polling places within the City. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None 921 Item 8g RESOLUTION NO. 90-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS CALLING FOR A SPECIAL ELECTION ON A PROPOSED INCREASE ON MINIMUM SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF WICHITA FALLS Moved by Councilor Thompson that Resolution No. 90-95 be passed. Motion seconded by Councilor Johnston. Bob York, 4115 Abbott, President Fire Fighters Association, referred to a quote in the newspaper by the Mayor regarding the appropriate way to approach a salary increase by fire fighters. Mr. York stated that they had been searching for the appropriate way to approach this problem for the past eight years to no avail. He mentioned that the City Manager had in past years stated at budget hearings that attention needed to be given to this issue. Mr. York said their last resort was the referendum election. He informed that if they prevailed in this election, their salaries will remain at the bottom one third of cities the same size across the State. Council still has the option to negotiate with the fire fighters to possibly come up with an alternative proposal. The problem in the past has been a lack of communication, we seem to do all our visiting through the newspaper. This is a chance to change that, and that would be a positive step for the employees and the citizens of Wichita Falls. Mr. York clarified that when he was speaking about the lack of communication, he was speaking generally, in every issue that has come up in the past twenty-five years. Motion carried with the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 8h This was a resolution to execute a contract with Electra Construction Company, Inc. for management service on Phase #1 of the Southside Construction Project for the MPEC. It was noted that this item had not been posted and could not be acted on today. This item will be presented at the next Council meeting. Item 9a RESOLUTION NO. 91-95 A RESOLUTION AWARDING BID FOR LEASE OF DOWNTOWN PARKING LOT TO FIRST INDIANA COMPANY, LTD. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hawkins that Resolution No. 91-95 be passed. Motion seconded by Mayor Lam. Mr. Clark informed that this was the lease for the property which had been leased to First Indiana Company at 820 Ohio Street. This is a renewal of that lease with triple the rate on the lease. Councilor Hawkins was concerned that they had been 922 Item 9a cont'd. using this building and collecting fees on it. They had a lease and the City did not get its money( $3 50/year) . Their lease was cancelled for non-payment and now they are wanting to lease it at triple the amount( $1200/year) . There are no deposit requirements in the lease. There need to be some safeguards set up. City Manager commented that this was a situation where there were personnel changes on both sides and vigilance was lost to collect the money, and they did not pay. Essentially, it is good for the City and for them, however, it does have the concerns mentioned by Councilor Hawkins. City Manager said that if the first month' s payment is not received when it should be the Staff will take the appropriate action. Councilor Hawkins stated that $100 was pretty cheap for a parking lot. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 9b RESOLUTION NO. 92-95 A RESOLUTION AWARDING BID FOR LEASE OF DOWNTOWN PARKING LOTS TO SMITH WALKER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. LAW Moved by Councilor Hawkins that Resolution No. 92-95 be passed. Motion seconded by Councilor Shine. Mayor stated that they were going to make improvements on the lot to the total of $5000. Councilor Shine asked if no improvements were made what recourse did City have. City Manager replied that there was a 60 day severance. Councilor Shine suggested that the lease include a provision as to when these improvements would have to be done. Improvements should be done as quickly as possible. Moved by Mayor Lam that Resolution No. 92-75 be passed by modifying the lease and giving lessee 60 days from inception of the lease to make improvements and if they are not complete on that date then the lease would terminate. Motion seconded by Councilor Thompson. Councilor Shine added that Council designate a department to approve the plan instead of leaving a vague statement as the City approving the plan. Mr. Clark suggested that it be a joint approval from Community Development and Public Works. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, and Daniel Nays: Councilor Hawkins 923 Item 9c RESOLUTION NO. 93-95 RESOLUTION TO APPROVE AWARD OF BID FOR REFUSE CONTAINERS FOR USE BY THE SANITATION DEPARTMENT Moved by Councilor Thompson that Resolution No. 93-95 be passed. Motion seconded by Mayor Lam and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays: None Item 9d RESOLUTION NO. 94-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE ADDITION TO FIRE STATION NO 2. PROJECT Moved by Councilor Shine that Resolution No. 94-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel and Hawkins Nays: None Item 10a Moved by Councilor Daniel to change the date of the City Council meeting from July 4, 1995, to July 5, 1995 at 8:30 a.m. Motion seconded by Councilor Thompson and carried unanimously. Item 10b A discussion was held on granting franchise to Saginaw Pipeline Company City Manager informed that Saginaw Pipeline Company has requested to be a gas supplier to one of our industries located outside the City limits which brings it under a different set of rules and regulations than those industries located inside the City limits. Primarily as it fits in with and compliments the City' s non annexation agreements as well as the City' s powers and authority under the extra territorial jurisdiction provisions. The Company has requested that they be considered for this provision of service. Lane Thornton, 108 Turkey Creek, Bridgeport, Texas, Operations Manager of Saginaw Pipeline Company, stated that their request was to supply natural gas needs to industry in the Wichita Falls area, and to be able to use rights of way on roads and alley easements to lay pipe to get to these industries. Mr. Thornton said that being able to have a competitive gas supply, other than Lone Star Gas, in here would hopefully bring new industry to Wichita Falls. Their request is based upon an agreement which they have reached with Burcamp Steel on Old Burk Road. Saginaw Pipeline Company has other agreements with other industry in that area. As their contracts expire, they are staggered under law, they will make other bids in that area. 924 Item 10b, cont'd. Council raised the question that Burcamp Steel was in the City limits and not in the extra territorial jurisdiction as mentioned earlier. City Attorney informed that the reason for the franchise request is that their pipeline will be physically within the corporate limits of the City and for that they would need a franchise. Mr. Thornton informed that this was to service industrial customers only. Mayor stated that Industrial rates did not affect commercial rates. Lone Star Gas had lost industrial customers within this area which impacted their overall revenue. It was not allowed to be used to derive at the recommended rate that we charged, it was deleted. City Attorney stated that at the last Lone Star Gas rate case approved by Council, one of the stipulations was that Lone Star Gas would file periodically their industrial revenue so that we could see any increase and if there were any increases in the industrial revenue the rate case would be looked at again, as far as that affects residential and commercial customers. That was a part of the Ordinance which Council adopted. Mr. Thornton informed that the parent company of Saginaw Pipeline Company was Arch Petroleum out of Ft. Worth. They have a pipeline which stretches from north Ft. Worth to Wichita Falls. Councilor Daniel was concerned whether this would truly be a competitive system if Saginaw was granted a franchise, they might have a leg up on Lone Star Gas, in that Lone Star Gas is required to provide gas services to residential customers. City Manager stated that it would appear that they are basically coming in and trying to serve the most lucrative account, the ones which have the least servicing costs associated. This may not be true, but that is the explanation which he has heard. Councilor Thompson was concerned that in the end this will have an impact on the homeowner. Lone Star Gas will probably come back next year or year after saying that they are losing money. Councilor Shine was concerned that there was no request from our local industry. If they have a need and request, it would be a different picture. Mr. Thornton said that there was no other gas line in Wichita County other than Lone Star Gas and Saginaw Pipeline. Lone Star Gas is not paying a franchise fee of 3% for use of ROWs and alleys. This puts us at a disadvantage when we go into the customer we are having to pick up 3% to cut our gas costs 3% more to be able to afford the 3% allowance and it gets competitive. They will be limited to serving industrial and commercial customers. Lone Star Gas serves industrial, commercial, and residential. Saginaw will be selling intrastate only. Payments to the City would be 3% of the gross receipts, 3% of the Wichita Falls distribution system, which is what they are currently in the process of wanting to build in the City limits. They would also pay another 3% customer purchase price. This is 3% straight, no additional percentage added. Steve Morath, Lone Star Gas Business Manager, stated that they welcome the competition as long as there is a level playing field. There are some provisions that we would not agree to at all. We do have some questions about what constitutes an industrial customer. In the preamble it talks about industrial and commercial, but in the franchise it just talks about industrial. Is it just industrial or industrial and commercial. Mayor said that Council is concerned that somewhere down the line our residential customers will be affected. This could happen by those who evaluate your rates contending that further competition has driven them out of a market of which they are not receiving revenue and they have a right to reclaim so much out of their investment in this area, etc. The result would be a rate increase. 925 Item 10b, cont'd. Mayor directed Staff to have Reed and Stowe Consultants prepare an opinion on what impact an additional gas service franchise would have on our residential rates within the next few years. He suggested that this be based on what has been heard historically and used as criteria in setting past rates. Mr. Morath commented that they would do the same from Lone Star Gas. Councilor Shine suggested that we should wait until a request is received from our local entities. Mayor asked Mr. Thornton to obtain letters of support from people desiring to do business with Saginaw Pipeline Company. Item 10c Dr. Dimitri with Family Practice Residency stated that a major concern of his in the Family Practice Residency contract was dealing with refund. He stated that Dr. Burross had discussed the contract with Mr. Dockery and assured him that it would be signed. However, he wanted to mention their concern about the contractors paying to the City any sums paid to them by third parties for reimbursement of services provided in the City/County pediatric clinics or other City County clinics where third party billing becomes effective after the signing of this contract. That was not his understanding when this was discussed earlier. He said it would take extra time and an extra employee to do this billing. Mr. Dockery informed that he had discussed the contract with Dr. Burross prior to this meeting and he agreed to the language. Any medicaid reimbursement after the prenatal or after the maternity clinic, which includes pediatric clinics, after the effective date of the contract, we would be reimbursed for those services or for those billings. The intent of that was to reduce the impact of the General Fund. Additional language was added, upon Dr. Burross suggestion, that if there was alternative funding that became available during the term of the contract that we would have the option to mutually agree to change it. This will go until September and at that time there will be another opportunity for the 1995-1996 funding, to make any additional changes. William C. Young, 1018 Widows Lane, pointed out that T.U. Electric decided not to pay Winn Dixie and others to collect electric payments, and now if you want to pay your electric bill in town you have to pay 70 cents to do it. They had verbally told the public that they would provide payment locations. He asked that next time T.U.Electric comes before Council that they consider this. Item 10d Councilor Thompson asked that lights on the eastside past Emanual Davis overpass be checked and improved. City Manager said that Mr. Parker will check into this. He added that any lights that are out need to be reported in order to be replaced, because whether they are on or off we are paying for it monthly. Councilor Hawkins asked that Mr. Parker check the crossing light at John Tower School which was still flashing in the school zone. He asked if the tornado warning system goes off throughout the City or if can be selectively activated. Mayor asked who made the decision to activate the sirens. Mrs. Stricklin informed that after the results of the weather conditions were received, a joint decision is made between City Emergency Manager, County Emergency Manager and Police Department; and Mr. Goodrich, City' s Emergency Manager, instructs that sirens be activated. Mrs. Stricklin will provide the Council with a copy of the emergency plan. City Manager offered to meet with Council and go over the emergency plan with them. 926 Item 10d, cont'd. Councilor Hawkins suggested that Mr. Dennis McCarthy, scheduled to brief the Council previously on the weather service, be re-scheduled and that Mr. Thornbery and any other interested parties be invited to attend in order to inform them that Wichita Falls wants to keep their weather service here on line. City Manager stated that he would be contacted and informed that he has an open invitation to come. Councilor Johnston stated that he had received a series of letters from local doctors questioning the eye examination program and the communication on it, and he wanted more information on this. City Manager informed that a memo had been distributed to Council on the history of the City' s position in providing health care to its employees. It also goes over the cost and any problems there may have been. City Manager gave some background information. He spoke about savings and HMOs, preferred care providers, prompt care payments, the various preventive care exams, and drug card program. He detailed the eye program from its onset. He emphasized that this program is not a tax payer assisted program but paid by the employee. It appears it is more of a political problem; is this something we could or should be doing. The program is needed and it is a safe program in regards to the liability. Mrs. Stricklin stated that there are exams set up for July and August but the decision has not been made if Young Eye Institute will perform those. We did not enter into a contract with them. Council was concerned that excluding the local medical optometric community without a chance to participate in this program was a political problem. City Manager commented that had they known this they would have informed the Council. There have been several meetings where the medical community has been very upset with the conduct of this plan because it pioneered in many cases a different way of providing services. It has been complicated by miscommunication not only to the Council, but the eye care community providers did not have a total grasp of what the program was we were asking for. Councilor Hawkins said Staff did not completely explain what was being offered. The way it was handled was very poor. The memo appears to reflect that the optometrist are ripping off the citizens. Council did not agree with the way it was handled. City Manager responded that the proposals received were the same as when the Staff made calls. The proposals range from $35 to $75 and the proposal from Young Eye Institute ranges from $17 . 50. Councilor Johnston suggested that we get technical input when these proposals are written up from an optical association like the North West Texas Optical Association in defining what the services to be provided are so that we may have a clearer definition. If everybody gets a free shot and all understand then you have a good program. Councilor Shine wanted information on who the Board was and how it functioned. City Manager provided that information. City Attorney informed that the Trust Agreement was set up by ordinance in 1983 and it established the Employees Benefit Trust and appointed the Trustees. He will provide the Council with a copy of this. Councilor Thompson thought the suggestions were all good, but it all boils down to money and we need to think through what the response and what the political implications will be. Councilor Daniel questioned the way it was handled. There should have been better communication with our local providers and professionals to discuss the gap in the proposals. We have gone back and asked for proposals, the local community has been 927 Item 10d, cont 'd. provided an opportunity to bid but why is there such a gap in rates? Mrs. Stricklin replied that some bid for dilated some did not. In a comprehensive eye exam some prefer to use dilation others do not. Young Eye Institute does not dilate. There was a question on whether Young Eye Institute was not happy with the deal and wanted out. Mrs. Stricklin called all those who wrote letters to Council and apologized to each regarding the communication problem. She said Young Eye Institute was not getting any additional business to go to Lawton and it would not make them unhappy if they got out of it, however, they responded that they would come back. City Manager handed out reports, history, and specific information on Young Eye Institute. Mayor directed City Attorney to provide copies of the Ordinance to the Council, and also that he prepare a critique of it. Councilor Daniel said we were handling two issues, one is the way it was handled. We are either telling the local one care community that their prices are way too high and they are unreasonable and not willing to deal with outside competition. Secondly, maybe it is that we are not comparing apples to apples and this needs to be corrected. Mrs. Stricklin suggested presenting the information which has been conducted in these examinations and the requests sent out for that service and send this to a third uninterested party to see if we are asking for the correct thing. Councilor Shine suggested asking for an opinion from the State Board. Mayor said there is a 100 percent difference in the fee structure and it is difficult not to believe there is some difference. Councilor Daniel acknowledged the McNiel flooding problem. He has spoken with Mr. Bonnett and the solution to this will be a significant cost. It is not an easy solution, but McNiel is being taken into consideration as are other areas of need in the City which require capital funds. Councilor Shine wanted to know what the procedure was when they receive requests, in order for Mr. Bonnett to have a history for when storm water comes up. Mr. Bonnett explained that he keeps a capital improvement list with a standard format. Every time a request comes in we prepare a capital improvement sheet with the construction cost, technical data. He encouraged Council that when they receive these calls they call him and he will provide a copy of the capital improvement list to them on that day or the following day. Councilor Thompson referred to the Employee Benefit Trust. He hoped Council could be an asset to the Board, and he applauded the Staff for what they have done so far in working to provide for the welfare of the employees. This is a worthwhile service and although there have been some mistakes made, we need to make things better than they are and try to improve those services. Item 10e City Manager referred to the Employee Benefit Trust Board and said that the next five years will be a difficult road and it will be more and more financial and political. He invited the Council to consider serving on the Board to get first hand knowledge. He said it has been a struggle to keep those costs from going over a point that Council would find objectionable. It is important for that Committee to keep most of the authority it has because you would be dealing with aggrieved people as well as tough decisions about where to move employee contribution. 928 Item 10e, cont'd. In looking at our particular problem, City Manager has no problem with not accepting any of the proposals we now have, and employees could be notified. However, he feels we should keep the eye exam program and go back to make sure it goes through all the reviews just discussed. Will put it back out there probably in the fall. Councilor Daniel commended the Staff for keeping employee health care benefits down between $1500 and $1600 per employee in comparison to $3400-$3500 which is the average. City Manager referred to the memo dealing with overlays, and asked Council to contact Mr. Bonnett if they had any additions or changes. He said that is budgeted at $800 ,000 plus some CDBG Funds. City Manager handed Council a memo from Mr. Bonnett on waste water rates, practices and policies. This is an insight as to what other cities are doing and what some of the rates are. Knowing what is ahead of you about reconstruction and some of the EPA and SSES studies, it may be timely. Mayor reported that he and the City Manager executed documents on behalf of the City' s refinancing bonds and the news is better than expected. There was a 1.7 million savings and we had looked at 1. 1 or 1.2 million and we had decided that if we could not save one million we would not do it. The timing was perfect and it is a successful program at $189,000 per year savings in interest. Our financial advisors Mr. Davis and Mr. Church did a good job. Mr. Robert Parker reported on shutting down some traffic signals which are not traffic signals in that they are not doing their purpose. Mr. Parker stated that he had briefed Council about ten months ago on a traffic study done on Fifth and Sixth Street and we re-verified the count this spring and the cross traffic has dropped to even less. We have about eight signals burning electricity and costing money to repair and there is no traffic for them to control. They are causing problems because of the type of signals that they are. Mayor suggested that before any signals are turned off that a public hearing be held to give everyone an opportunity to comment. Mr. Parker informed that one of the advantages when the last signals were taken out is that there have been no traffic accidents at the dissignalized intersections since May 1994 . Mayor directed that signal lights be left as they are until after the public hearing. The public hearing will be held at the first Council meeting in August, 1995 and is to be publicized on the City Channel. Mr. Parker informed that he intended to address one way streets after the signal lights are taken out. Council will be receiving a proposal this fall to go to two way streets on Travis and Austin. We will follow up by looking at Eleventh, Twelfth, Thirteenth, and Fourteenth Streets. If the lights at Travis and Austin are not taken out, we will have to look at putting in additional lights before they can be made two way streets. City Council recessed at 11: 35 a.m. and reconvened in executive session. 929 Item 10f City Council went into executive session as authorized by Section 551. 074 of the Government Code at 11: 51 a.m and reconvened at 12: 25 p.m. Moved by Councilor Thompson to appoint Mark Henderson to the Plumbing and Mechanical Board of Adjustments and Appeals with term to expire December 31, 1997. Motion seconded by Councilor Hawkins and carried unanimously. Moved made by Councilor Thompson to appoint Mrs. Loraine S. Blackwood to the Landmark Commission with term to expire December 31, 1997. Motion seconded by Councilor Johnston and carried unanimously. Moved by Councilor Thompson to re--appoint the following persons to the Library Advisory Board with terms to expire June 30, 1998: Ms. Jessie M. Stewart, Ms. Gloria Taylor, and Ms. Martha W. Allensworth. Motion seconded by Councilor Hawkins and carried unanimously. The City Council adjourned at 12: 27 p.m. PASSED AND APPROVED this day of \ , 1995. Michael Lam; Mayor ATTEST: Lydi Torres City lerk