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Min 07/20/1993 333 Wichita Falls, Texas Memorial Auditorium Building July 20, 1993 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 Leon Mallonee - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Ed Underwood, Calvary Chapel. Item 3 Moved by Councilor Thompson that minutes of the meeting held July 6, 1993 , be approved. Motion seconded by Councilor Mallonee, and carried unanimously. Items 4a-6d Item 6b was moved to the regular agenda. Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 4a RESOLUTION NO. 97-93 RESOLUTION TO AWARD BID TO VARIOUS VENDORS FOR ANNUAL SUPPLY OF CHEMICALS FOR WATER TREATMENT Item 4b RESOLUTION NO. 98-93 RESOLUTION TO AWARD BID TO J. MENASCO ROOFING COMPANY FOR THE MEMORIAL AUDITORIUM REROOFING PROJECT Item 5a RESOLUTION NO. 99-93 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE LANDFILL SOIL LINER 10 PROJECT 334 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Park Board - June 24 , 1993 C. Aviation Advisory Board - July 8 , 1993 d. Board of Electrical Examiners - July 8, 1993 Item 6b Moved by Councilor Hughes that minutes of the meeting of the Employee Benefits Trust on June 28, 1993 , be received. Motion seconded by Councilor Hawkins. Moved :by Councilor Martin that this item be delayed. Mr. Berzina stated that they met again yesterday, and the meeting has been recessed until 3 : 00 today. They are looking at other options. Many employees do not want to pay $25 . 00 for their insurance. They are looking at another option to reduce benefits and raise deductibles. They are looking at some TMRS benefits in life insurance so that they could defer some of the costs of health insurance. There is no other option out there; they will either change the benefits or change the costs. Councilor Martin would like TMRS officials to come up here and hold a workshop with the Council. Mr. Berzina noted they could advertise a meeting, and those who were able to attend could do SO. He also stated there will be a transposing of funds into this account to balance the budget at the end of this fiscal year. Councilor Hawkins stated this is one of the reasons why some of us are unhappy with the health care program. It seems this Trust can do anything they want to do, and tell the Council what is needed, except the allocating of funds. Councilor Loughry asked if a full blown audit would be made of the Employee Benefits Trust. Mr. Berzina noted there are other audits done on this program. Mr. Loughry asked for a check by check audit. Mr. Berzina explained that a lot of this is privileged information, and cannot be disclosed. Mrs. Stricklin commented that what Mr. Berzina has said is accurate. They time share with Employee Benefits Plan, Inc. to be sure that we have something put in place so that our employees are not allowed to make any other changes to the system. The City pays $2.78 per participant per month for time sharing. Mayor Lam suggested we get on with this, and if the Council members have any other questions they can bring it up under other business. The motion to receive the minutes carried unanimously. Item 7a ORDINANCE NO. 83-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTH, WEST, AND EAST LINE OF DORSEY SUBDIVISION, LOT 1 , BLOCK 1 Moved by Councilor Mallonee that Ordinance No. 83-93 be passed. Motion seconded by Councilor Thompson. 335 Item 7a, cont 'd. Councilor Hawkins noted there are two streets named Allison. Bill Parker explained that Allison is the correct name for this particular street. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7b ORDINANCE NO. 84-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF SINCLAIR BLVD. , EAST SIDE OF STATE HIGHWAY 240 (BURKBURNETT ROAD) , AND THE WEST SIDE OF ALLISON STREET ADJACENT TO THE SOUTH, WEST, AND EAST LINE OF DORSEY SUBDIVISION, LOT 1, BLOCK 1 Moved by Councilor Thompson that Ordinance No. 84-93 be passed. Motion seconded by Councilor Hawkins. David Clark noted that some homes from the MPEC location will be moved to this area. Bill Parker stated that detention plans are being made for this area. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 85-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTHEAST LINE OF LOT 1, BLOCK 2, BUNNY' S SUBDIVISION Moved by Councilor Martin that Ordinance No. 85-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7d ORDINANCE NO. 86-93 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF FM 1740, LOWER CHARLIE ROAD, ADJACENT TO THE SOUTHEAST LINE OF LOT 1, BLOCK 2 , BUNNY' S SUBDIVISION Moved by Councilor Hughes that Ordinance No. 86-93 be passed. 338 Item 8b, cont 'd. environmental problems we now have, we need to be going the other way rather than getting into more private businesses. Councilor Thompson agreed with Councilors Hughes ' and Hawkins ' comments, stating the airport should remain in private hands. There is a concensus of the citizens that we should not get into private operation. He believes the citizens would take action to remove those who favored it, stating that he believes this would be the end of some of their political careers. The cost would be great if they do this. Mayor Lam supported continuing the feasibility study of the Kickapoo Airport. He stated that the voice of the minority is being heard over the majority. He stated that this airport has the potential of being shut down. He feels it is essential for -- a city of 100,000 to have a viable airpark for the city. It affects all of the city. He commented that he places no credit on television and newspaper polls. Councilor Martin seconded the Mayor' s thoughts on continuing this study to see what we have out there. He noted we are a long way from purchase of this airport. He feels the citizens have a right to know what we have out there. We need to know if the environmental study will prevent us from purchasing this airport. Councilor Mallonee commented that we are looking at $30,000 for this study, and feels we need to continue to look at it. We are not ready to buy it by any means. It is available now, and we have improved a lot of the surrounding towns. He feels we should take a look at it. The motion failed by the following vote. Ayes: Mayor Lam, Councilors Mallonee and Martin Nays: Councilors Loughry, Thompson, Hughes, and Hawkins Item 8c RESOLUTION NO. 101-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF CERTAIN PROPERTY AT LAKE ARROWHEAD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hughes that Resolution No. 101-93 be passed. Motion seconded by Mayor Lam. Mr. Humbach explained that the Council needs to give staff direction as to which lease they would be authorized to execute. Councilor Hawkins commented that we are talking about two separate lease situations. Mr. Henderson does not have a lease with the City of Wichita Falls, and Mr. Tiberghien failed to exercise his option in writing to extend his lease for an additional twenty five years prior to expiration of the lease. He came in 34 days after it had expired, and he had not paid. The Henderson. situation was discussed. Moved by Mayor Lam that Mr. Henderson be granted a lease under the old. lease terms and conditions. Motion seconded by Councilor Mallonee, and carried by the following vote. 339 Item 8c, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, and Martin Nays: Councilors Thompson, Hughes, and Hawkins It was agreed that he would be given 90 days to make repairs. Moved by Councilor Hawkins that Mr. Tiberghien be permitted to exercise his option for an additional twenty five years under the old lease. Motion seconded by Mayor Lam, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, and Hawkins Nays: Councilors Mallonee, Hughes, and Martin The motion to approve the Resolution carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: Councilor Hughes Item 8d RESOLUTION NO. 102-93 RESOLUTION AUTHORIZING THE PURCHASE OF AN AUTOMATED LIBRARY SYSTEM FROM DYNIX AUTOMATED LIBRARY SYSTEMS, INCORPORATED Moved by Councilor Hughes that Resolution No. 102-93 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8e RESOLUTION NO. 103-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING THE EXISTING STREET AND ALLEY RENTAL AGREEMENT BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; 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. 103-93 be passed. Motion seconded by Councilor Hughes. Mr. Humbach handed out an amendment. Section 3 was discussed. Mr. Humbach stated that the current rate case expense was $10,000. He anticipated rate case costs in the future to be $25,000. TU takes the position that this four million dollars is not a negotiable figure. Any appeal beyond the PUC Commission will be borne by the City. Mr. Humbach further stated they desire to negotiate a new franchise, and address the four million dollar figure at that time. Councilor Martin stated he is not in favor of this. They have hamstrung the cities. Mr. Humbach noted this amends a 1965 Street and Alley Agreement. The franchise needs to be renegotiated. 340 Item 8e, con Id. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, and Hawkins. Nays: Councilor Martin Item 9a RESOLUTION NO. 104-93 RESOLUTION FOR THE AWARD OF BID TO ZACK BURKETT COMPANY FOR THE 1993 MILL AND OVERLAY PROJECT Moved by Councilor Mallonee that Resolution No. 104-93 be passed. W, ° Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 105-93 RESOLUTION TO AWARD BID TO MID-STATE UTILITIES, INC. FOR MODIFICATIONS TO SANITARY SEWER LIFT STATION Moved by Councilor Thompson that Resolution No. 105-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 10a A report on the East side neighborhood priorities was presented. David Clark noted various neighborhood meetings held. The format of the meetings was a group process. Copies of the reports have been widely distributed. There are varying degrees of difficulty, and some of them have been passed on to other departments of the City, or someone else. They will recommend development of the second report, which is a strategic plan established in the priorities. There is a high interest by the residents in seeing some action. He would anticipate some discussions on future policy issues, and a report to address these concerns. Mayor Lam stated he is encouraged by the progress made by the committee, and feels they can move forward. Councilor Thompson concurred with this, and applauded the Council for their action.. He commended Mr. Clark and his staff for their work. Item 10b The affirmative action report was presented by Jan Stricklin. :she stated that the total work force for this County is 55 ,120 . As of June 30, 1993 , the City employs 1, 170 of those, including temporary summer employees. The total work force was given in various categories. All areas have continued to improve with the exception of women in the work force, which has come down ten percent from last year. She stated that she feels good about the goals and improvements made. 341 Item 10b, cont 'd. Councilor Thompson questioned where most of these people are working, asking if most of them are in service departments and maintenance. She noted that $8,000 has been spent this year in tuition assistance. Few high level positions have been vacated. They have tried to fill these positions with qualified and best fitted applicants. People have to take some of these responsibilities themselves in filling out applications and resumes. Councilor Thompson stated he has noted progress in the colors of persons in some of the areas. It was noted that the Police Department has a certification program. The City ; reimburses the officers to get their degree. Councilor Thompson would like this to be included in their evaluation. Mrs. Stricklin explained that they do this, and ask them to attach ; this information to their applications. They are no longer able to continue to employ those who do not continue the training required by the State. The City Council recessed at 9: 50, and reconvened at 10:05. Item 10c Chester Ludlum, 2309 Bullington, appeared representing the Lake Wichita Committee. He stated that old creek beds can supply some water to Lake Wichita. Mayor Lam noted they have asked the staff to look at it. They will have to contact the Corps of Engineers and also the contractor to see what impact it would have on them. He complimented the committee for their work. Mr. Kreidler, of Edmond Oklahoma, appeared in regard to Neil Kreidler' s lease (his father) at Lake Arrowhead, which was terminated for non-payment under the terms of the lease. Mr. Kreidler has had the lease since 1969. He requested that the lease be reinstated. A woman from the audience stated she had the same situation. Councilor Martin emphasized that last year we made it very clear that we would send no more notices. We are going to be faced with this the rest of our lives if we don't stick with it. He stated he does not think we should bother with this any longer. Mayor Lam suggested they take this stand at the next council meeting. Mr. Humbach pointed out there are approximately 45 people on this list. The issue is not whether they can have a lease, with a $150 inspection fee, but they can have a second generation lease. This needs to be decided at the next council meeting. A woman appeared as a resident of 1641 Kovarick Road, representing the citizens against the river dump. She stated that Bell Processing has made an application to upgrade the landfill. It is their concern that with the landfill located where it is the potential is there for leakage into the river. She requested the Council take this under consideration, and do some investigation. Mayor Lam explained that we have a three-mile extraterritorial jurisdiction, and the process goes through the Texas Water Board, and they hold public hearings. The City' s position at this point in time is that we don' t have a position on this because it is the State of Texas who will decide this issue. She has the right to appear before this board during the hearing and express her concerns. The Council is aware of it, and they have totally pre-empted the City on this. Mayor Lam 342 Item 10c, cor.LtId. commented that what is out there now may not be as safe as a class one landfill would be. Bill Stephens, 4519 Spencer, stated he is with Gunn Oil Company. He handed out a report to the Council, stating that ninety-five ;percent of this landfill will be located in the flood plain. Mayor Lam commented that if what he is saying is true he cannot conceive that the Texas Water Commission would approve this permit for the upgraded landfill. Mr. Stephens requested the City Council to consider opposing this permit. Mayor Lam asked the staff to review this situation, and report back to the Council. Councilor Hughes expressed that he feels the EPA and the Texas Water Commission need to hear the comments by those in opposition. Mayor Lam suggested that these two people here today meet with Mr. Bonnett and provide information to him. Robert M. Foley, 1809 Speedway, stated he is trying to acquire a location for business property. He has purchased property in the 1500 block of East Ft. Worth Street, and the property has been platted. He was concerned with waivers on sidewalk and curb and gutter, and also on storm water detention. Mr. Bernina noted he had worked with Mr. Foley on this. Part of the problem is we are dealing with two different pieces of property. Even today this Council cannot legally do anything because state law requires that all council action be publicly advertised 72 hours in advance. Bill Parker stated if Mr. Foley will provide a letter of credit to the Public Works Department for the improvements, he can start. Item 10d Councilor Loughry noted phone calls about misspelled words on the television channel. Councilor Loughry mentioned the insurance program, asking if rates are going to be increased August 1. Mr. Berzina noted that was the plan, but following other discussion it was decided to delay it until September 1 . He also explained to the Council the speed with which this has come on in a four month period. The numbers and costs of claims have increased. He pointed out that the City has always used left over funds at the end of the year to bail it out, but there is less left over this year. The money will not be there in September unless this action is taken. We are saving money by having a doctor here. Councilor Martin mentioned taking a look at TMRS for life insurance. Councilor Loughry again mentioned an audit, and Mr. Berzina stated if he will tell him what kind of audit he wants, and is willing to pay for it, they will look into it. He further stated that the small cities do not enter into the increased costs. They have their own program. Mayor Lam asked Councilor Loughry if he feels they need to look at whether the program is being administered unfairly, stating an audit will not show this. Councilor Hughes stated that an audit is not a management study. Councilor Mallonee commented that this audit is a waste of money. Councilors Hughes and Martin agreed. Councilor Thompson expressed that we don' t have funds to cover an audit. Mayor Lam stated he does not believe there is any mismanagement. Councilor Martin mentioned monitoring Holliday Creek with the contractor. There is a hole at a business on the Jacksboro Highway, which is beginning to seep under. He mentioned septic tanks in that area, stating we should get the Corps of Engineers back to take care of that problem. The land is being washed out in that area. Mr. Berzina explained it is the responsibility of 343 Item 10d, cont 'd. the Corps until the project is completed. Before we accept it officially we will take that walk with them to check it out. Councilor Hughes feels it is time to get TMRS people in here on insurance programs. In comparing with other cities you are not looking at apples and apples. The City' s life insurance builds cash value. It is not only a cost issue, but a value issue. Councilor Hawkins mentioned Northridge Street standing water two to three inches deep. Signs were also mentioned on Loop 11 and Maurine, and also one at 240 and Pearlie which is still broken. Robert Parker stated he would ask the State again about it. He also asked for a study on what can be done to make the airport more inviting. Mr. Parker explained it is up to the Airline to keep the security room secure. He also asked if any of our airport funds can be used at Sheppard. Mr. Parker explained that we cannot use ADEP money for anything but a joint runway. Repairs cannot come out of these funds. Mr. Parker noted they are working with people to try to utilize this space. Councilor Thompson mentioned a small business at 2803 Iowa Park Road. He asked the Health Department for some help on the size of grease trap at the restaurant. The owner was told that unless this was corrected he would be out of business. He has five employees. Mr. Berzina stated it has been open for four to six weeks. No permits have been issued and no certificate of occupancy. There have been no final inspections on the plumbing and electrical. Code requires that size of the grease trap be determined by the plumbing inspector. He has ten days to get into compliance. David Clark stated that the grease trap would have to be installed under the driveway, and a two-part system. Councilor Thompson stated this business cannot afford this expenditure. This location has had a restaurant there before. Councilor Thompson noted that James Williams wanted to speak about Williams Park. He wanted to get a clarification on the Council ' s position on moving benches. Mr. Murphy noted an established policy four to five years ago, stating they do not do this as a service, but groups can do so if they are available, and the event is open to the public. They made an exception for Mr. Williams because he was not aware of the policy, but was notified of it for future use. They have ten surplus benches which can be picked up, or they could take a look at a fee to move them. Councilor Thompson requested he get this information out to non-profit groups. Councilor Thompson mentioned the flooding along the Mississippi River, stating that Menonites from Iowa came to Wichita Falls after the tornado. He cannot recall any names. He suggested that churches make a contribution and earmark them through the Red Cross to assist them. Item l0e Mr. Berzina handed out a report on TMRS benefits; also a neighborhood watch in the Hirschi area. Item lOg Moved by Councilor Hughes that Jean Puckett be appointed to the Mental Health Mental Retardation Public Responsibility Committee for a term to expire August 31, 1995 . 344 Item 10g, cont'd. Motion seconded by Councilor Mallonee, and carried unanimously. The City Council adjourned at 11: 30 a.m.. ' PASSED AND APPROVED this -A- day of C 1993 . 'Michael Lam, Awyor ATTEST: Wilma J. Thomas, TRMC/CMC/AAE City Clerk