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Min 11/17/1992 166 Wichita Falls, Texas Memorial Auditorium Building November 17, 1992 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 David Farabee - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Harold Hawkins - Absent I The invocation was given by Keith Hill, Fain Presbyterian Church. Councilor Hawkins appeared briefly to express appreciation for concern and support received from various persons and citizens during his recent surgery. He then immediately left, stating he would be back when the doctor releases him. Item 3 Moved by Councilor Thompson that minutes of the meeting held November 3 , 1992, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 4a-5a 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 Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 4a RESOLUTION NO. 170-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH DERRELL ALLSUP ACROSS PORTIONS OF TENTH STREET RIGHT-OF-WAY LYING SOUTH OF LOT 7, BLOCK 181, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, FOR THE EXISTING LOADING DOCK STRUCTURE LOCATED IN SAID RIGHT-OF-WAY IN ACCORDANCE WITH THE ENCROACHMENT AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 167 Item 4b RESOLUTION NO. 171-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS APPROVING EXCHANGE OF PROPERTY AT LAKE WICHITA WITH THE PAT CARRIGAN AMERICAN LEGION POST NO. 120 AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO CONVEY TITLE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 4c RESOLUTION NO. 172-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ABANDONING A UTILITY EASEMENT IN SOUTH PARK ADDITION AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO CONVEY PROPERTY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5a Minutes of the meeting of the Wichita Falls/Wichita County Public Health Board held on October 23 , 1992, were received. Item 6a ORDINANCE NO. 96-92 AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-21 (a) , CITY OF WICHITA FALLS CODE OF ORDINANCES, AND INCREASING THE NUMBER OF CLASSIFIED PERSONNEL IN THE POLICE DEPARTMENT Moved by Councilor Hughes that Ordinance No. 96-92 be passed. Motion seconded by Councilor Martin. Bruce Martin, 1003 8th Street, appeared as Attorney for Lieutenant Glen Smith, Sergeant Dennis Bachman, and Officer Scott Higgins, of the Wichita Falls Police Department. He noted the resignation of Captain Shelton, stating these three men were next in line for promotions to the next respective grade. He referred to a memorandum dated November 12 , 1992, in which it was stated that Jerry Simpson, a civilian, would be taking his place. He stated that they believe Chief Harrelson has already filled this position illegally. He does not believe this is in accordance with the local government code. He believes you cannot fill a civil service job with a civilian. Mr. Berzina recalled what transpired in the past in creating another captain slot. What they are doing now is asking for another restructuring of what the Council has ° authority to do. This will allow another patrolman on the street. Mr. Humbach stated they have not filled this position illegally. They have not filled a civil service job with a non- civil service person. Bruce Martin stated that if this ordinance is passed then his clients will be denied promotion, and they will be in a declaratory judgment situation. He requested that they research it further before the ordinance is passed. Councilor Martin stated that when Major Shelton reverted back to Captain they made an exception under civil service law. This was a temporary position at that time, and when he left the City it would revert back to the way it was. 168 Item 6a, cont'd. Mr. Berzina emphasized that this position is not immediately below the Chief. There are two majors between him. Councilor Loughry asked if Mr. Simpson would get a raise, and Chief Harrelson noted there was some salary adjustment to compensate for the extra duties taken on. Rather than have an adverse impact, they created an additional slot for Captain Shelton to step into. It was only a temporary slot. He does not need a captain to prepare the budget and pay bills. Mr. Simpson is an administrative assistant in charge of records, dispatching, and property evidence. He has no sworn personnel under him, and he is not in the loop of command. He has no control over the duties of a police officer. He has been moved into this slot because the work had to continue. The aim is to get sworn officers on the street, and let civilians do the clerical work. Councilor Thompson stated that he feels the Chief has taken justifiable action. It was a temporary situation, and done as a courtesy. If any of these people have any information about the need for another captain, they can address it as another matter. This was an effort to assist an officer who would have been demoted, and was only temporary. It seems to be legitimate for Mr. Simpson to be in charge of civilian matters. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Martin Nays: Councilor Loughry Item 6b ORDINANCE NO. 97-92 ORDINANCE APPROPRIATING FUNDS FOR CITY' S SHARE OF A FEDERAL TREE GRANT Moved by Councilor Hughes that Ordinance No. 97-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 6c ORDINANCE NO. 98-92 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF TURKEY RANCH ROAD, ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 19, DENTON COUNTY SCHOOL LAND LEAGUE 2 Moved by Councilor Hughes that Ordinance No. 98-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None 169 Item 6d ORDINANCE NO. 99-92 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST LINE OF LOT 1, BLOCK 19, DENTON COUNTY SCHOOL LAND LEAGUE 2 Moved by Councilor Hughes that Ordinance No. 99-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 6e ORDINANCE NO. 100-92 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1, BLOCK 19, DENTON COUNTY SCHOOL LAND LEAGUE 2 Moved by Councilor Hughes that Ordinance No. 100-92 be passed. Motion seconded by Councilor Farabee. Councilor Martin stated that he is opposed to any additional waivers. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Hughes Nays: Councilor Martin Item 7a RESOLUTION NO. 173-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH INTERNATIONAL BUSINESS MACHINES CORPORATION FOR COMPUTER HARDWARE MAINTENANCE; 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. 173-92 be passed. Motion seconded by Councilor Thompson, and carried by the max- following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 7b A proposed resolution was presented reappointing substitute judge of the Municipal Court for a term of two years. A motion was made by Councilor Martin, and seconded by Councilor Farabee, for its passage. Mayor Lam noted he did not make this recommendation, and would like to make another one. Mr. Humbach 170 Item 7b, cont'd. stated this person has served in this position for the past two years, and is recommended by personnel in the court. Moved by Mayor Lam that this appointment be tabled until the next meeting. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Hughes Nays: Councilor Martin Item 7c RESOLUTION NO. 174-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE MAYOR TO EXECUTE FIVE ARCHITECTURAL CONTRACTS FOR THE MULTI-PURPOSE EVENTS CENTER; 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. 174-92 be passed. Motion seconded by Councilor Hughes. i Kay Yeager, Chairman of MPEC Committee, stated they have been working with the architects for the past two months. She expressed appreciation to all of them for the work they have done during the past year, noting the spirit of cooperation between them. Mayor Lam commended Mrs. Yeager for doing such a good job. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 8a RESOLUTION NO. 175-92 RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF TREES FOR PARKS AND MEDIANS Moved by Councilor Hughes that Resolution No. 175-92 be passed. Motion seconded by Councilor Thompson. Councilor Thompson asked where the trees will be going, and p g g. j' Mr. Murphy stated all over the city, including replacement of trees on the Sheppard Access median. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin. Nays: None 171 Item 8b Moved by Councilor Hughes that the bid for three ( 3 ) seventy two inch rotary riding mowers be awarded to Goldthwaites of Texas, Inc. , in the amount of $25, 932. Motion seconded by Councilor Martin, and carried unanimously. Item 8c Moved by Councilor Hughes that the bid for two ( 2) fifty two inch rotary riding mowers be awarded to Berend Brothers in the amount of $15 ,424 . Motion seconded by Councilor Martin, and carried unanimously. Item 8d Moved by Councilor Thompson that the bid for a portable air compressor be awarded to Cessco Rental and Sales in the amount of $10,485 . Motion seconded by Councilor Hughes, and carried unanimously. Item 8e Moved by Councilor Martin that the bid for one ( 1 ) front end loader/back hoe be awarded to Construction Agricultural Supply Company in the amount of $35,755. Motion seconded by Councilor Farabee, and carried unanimously. Item 8f RESOLUTION NO. 176-92 RESOLUTION TO AWARD BID FOR RUBBER-ASPHALT SEALING COMPOUND, 120, 000 POUNDS, TO CRAFCO TEXAS, INC. Moved by Councilor Thompson that Resolution No. 176-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 8g Moved by Councilor Hughes that the bid for eighteen City, two County, and one Iowa Park police vehicles be awarded to Herb Easley Chevrolet in the total amount of $265,261 . 32, with the County paying $25 , 610. 34 , City of Iowa Park $12, 597. 67, and the City of Wichita Falls $227,053 . 31. Motion seconded by Councilor Martin. Mr. Berzina stated this is the second low bid due to maintenance and down time of police officers. Councilor Martin applauded this action. Bob Parker explained to Councilor Loughry that the bid specifications contained all information. Mr. Humbach explained the bidding process as the lowest and best bidder. He is satisfied from a legal standpoint on this. 172 Item 8g, cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Martin Nays: Councilor Loughry Item 9a Mr. Humbach explained that this item regarding a special election for January 16, 1993 , is on the agenda as a discussion item only. Mayor Lam noted that this City has made a commitment to the Justice Department on letting citizens decide how they want to be represented. They need to call an election on January 16 to address this issue. A city can only change its charter every two years, and it is prudent and wise to address other charter matters that need to be voted on. They are here today to discuss all of these matters. Billy Henderson, 4428 Prince Edward, appeared in regard to repeal of the police department manpower and staffing. He noted that the people voted on this, and with issues like the multi purpose events center and the prison now coming up the 180 officers will be needed. Mayor Lam pointed out that changing the charter will not change the mandating of the number of officers. The Council would have the authority to make these decisions and adjustments. They are not asking for a change in level, but that the Council have the right to make this determination. Penny Henderson, 4428 Prince Edward, stated that although she is married to a police officer, she is appearing as a citizen. She stated that they took this action two years ago because the Council was too slow in acting. She recognized the fact that citizens would have to pay more taxes. Reginald Blow stated that he supports the election on redistricting in 1993 , and agrees that they should keep the present staffing of police officers. Councilor Loughry stated that on Measure 2 , he feels like this is what the people wanted. He questioned the wording of Measure No. 1, and Mr. Humbach explained that the charter does not now provide this information since it was passed by ordinance in 1985 . The charter needs to be updated. Councilor Martin expressed that we have submitted to the Justice Department a fair and equitable plan. If we do this we have deprived the citizens of one at-large vote on the Council. He also stated that in 1990 the citizens of Wichita Falls spoke. They told us what they wanted. He is opposed to any move for changing this now. Councilor Martin also stated he did not favor the Director of Finance being appointed by the Council. There are pros and cons on both sides, but favors leaving it like it is now for a smooth operation, noting we have an excellent city manager and finance director. Councilor Hughes feels we have no choice but to vote on Measure No. 1 to satisfy the Justice Department. On Measure No. 2 the whole point is just principle. He does not believe the staffing level of any department should be mandated in the charter. Just because that number is not in the charter does not mean the Council can' t look at it in the future. We now have restrictions on having an election every two years. He feels the Council needs to have the opportunity to look at numbers without them being in the charter. It should not be carved in granite. 173 Item 9a, cont'd. Councilor Hughes also stated he believes it is not necessary to change the finance director. He stated he has never seen in any corporation where the finance officer reports to the Board of Directors. They always report to the Chief Executive Officer. Mr. Werner is a bean counter, and is also in charge of other departments, and what happens to them? The City Manager needs the ability to coordinate these departments. He can also interpret this information to the Council. He stated he has never had any problem in getting information from the Finance Department. He has always got what he asked for, even though it may not have been what he wanted. He does not want this measure on the ballot. Councilor Farabee agreed with Councilor Martin on all three issues. He stated he does not plan to run again, but he believes it takes a vote away from the people. You would only have two people that each citizen can talk with. He believes we need to retain an at-large council member. Each citizen currently has three council members who must listen to them. Councilor Farabee also felt that the police charter provision should be left alone. He is also not in favor of the finance director issue being on the ballot. Councilor Thompson stated that at large systems have been used to hold down minorities. He felt that the single member district is the most fair method. He does not believe that any member of the Council would not respond to someone in another area of town. The best thing to do is to be sure that everyone is represented by dividing the town as it should be. He also stated to be fair, the voters spoke two years ago. He feels he is required to uphold the wishes of the citizens on the number of police officers. It will cost money to rectify this. He would wish the Chief to bring back to the Council a philosophy of policing. If this is left on the ballot the voters will decide. Councilor Thompson stated he has no qualms with Mr. Werner ' s job. He feels in all honesty there may be a conflict in management and loyalty. He wants a smooth operation. We have our outside audits done by an outside CPA. For a smooth operation you will need that financial officer to work with the City Manager. He cannot see anything but chaos in a working situation if we change the charter. He stated he has not talked with Mr. Werner or the City Manager. Councilor Hughes reported for Harold Hawkins that he would like the Director of Finance to be appointed by the Council. Mayor Lam stated that he feels all three items considered for the charter election have merit. They need to ask the city after ten years how they want to be represented. He also disagreed that this Council has not been fast enough on the police matter, stating that versatility has to rest in management' s hands. He further stated that he understands both philosophies on the Director of Finance. It used to be that way, and it worked fine. He does not believe it will result in any chaos. The City Manager and Finance Director can work together in any situation. He would probably support having all three issues on the ballot. Mr. Berzina noted that these are issues that the Council generally determines. They are optimistic that the revenue situation may improve over the years. The Council has done an excellent job of recognizing that the money is not out there. They raised the tax to add additional officers this year, and they will have to raise it again next year for the same thing. He emphasized that he has difficulty balancing the number of people with what we pay them. The City is well down the road in falling behind what we pay all of our employees. There are two ways to look at it. It could be cut or taken as the absolute number. He further pointed out that there is also concern that 174 Item 9a, cont 'd. we go back again and look at the retirement plan, which he considers quite good. If we look at what the voters said on this issue, they may have to look at what the voters also said and did on the retirement issue in 1990 . Mr. Berzina commented that several years ago there were two positions - Chief Accounting Officer and Finance Officer. There were two people in those positions. The charter was changed so that there was only one person. This is how he found the system when he came here. The charter was amended four years ago to put it under the City Manager. It did not work well when there were two persons. What it does for us, if it is just one person who works for the Council, that person will be outside this organization. It will, by its own nature, happen. Does this person have the right to go around to other departments? He urged that this not be placed on the ballot. He stated that he and the finance director cannot get together and rob the city. It would take an outside vendor to be involved. Another outside auditor could be brought in. This does not wreck the organization. The City Manager is the Council ' s point of responsibility. He stated he has seen how it operates in two ways, and urges that it be left as is. The City Council recessed at 10: 00 a.m. , and reconvened at 10: 18 a.m. , with Councilor Hughes not in attendance. Item 9b Nan Lambert, 2210 Buchanan, appeared in regards to rezoning on Kemp Street. She stated they have been getting signatures on a petition, and eighty (80) percent of those signing it would like to have it all rezoned. She said they would have ninety ( 90) percent when they can complete it. Mayor Lam noted various business on Kemp from Kell to Tenth. If Kemp were rezoned it would stop this from continually coming to the Council for various changes. Mr. McKinney stated that one block on one side of Kemp was previously rezoned. He stated that rezoning can be initiated by a property owner, the City Council, or the Planning and Zoning Commission. For the property owners to request rezoning, it takes one hundred (100) percent of them. Mayor Lam suggested that based on ninety (90 ) percent participation by the property owners, this Council could initiate this action. Councilor Farabee stated that he resides within one block of Kemp Street, and he has problems with this, along with some of his neighbors, regarding alarms going off, etc. He stated he would oppose the change. He also feels that the testimony will be far more opposed than in favor. More traffic would also be generated. Mrs. Lambert stated that some of the women on the street are not against it; they just don' t respond because they do not want to get involved. Mayor Lam suggested it be placed on the December 1 meeting to take it back to the Planning and Zoning Commission. Item 9c Councilor Loughry asked about an engineering study on Avenue M and Buchanan. Bob Parker stated they did an engineering study on Avenue H and Buchanan, but they would do a study on Avenue M. Councilor Loughry mentioned a proposal to place on the Charter election to limit terms of council members. Mr. Humbach 175 Item 9c, cont'd. stated it could be done, but may other things relative to this would also have to be considered, and we are coming down to the last hour. He needs a concensus of the Council, but it needs study on wording, terms, etc. Councilor Farabee suggested getting an ordinance from another city. Mayor Lam noted he would look at it, but may not support it. Councilor Martin commended Public Works for finally getting off high center and working on Thirty First to Thirty Fourth Streets. Mr. Bonnett stated they would have bids at the next meeting on the Storm Sewer. Councilor Martin also urged caution and safety at the upcoming holiday season. - - - - - - - Councilor Farabee asked about flashing lights at Tenth and Van Buren, and Bob Parker explained that it is down for repair. Councilor Thompson noted an advertisement in the paper pertaining to air control and toxins in the city, stating this could be located outside the city. He also requested that the Mayor appoint a committee to revitalize the East side, stating AAML they would also ask for $130, 000 for this project. He requested a committee of eleven (11 ) persons, composed of businessmen and others. Mayor Lam directed the staff to prepare an ordinance to create this committee, and then they can begin taking applications. Councilor Thompson also expressed appreciation to those who came out on Saturday to clean up Flood Street. The Sanitation Department also came out to pick up trash. He noted they still need a police sub-station. Mayor Lam stated that we need to get that committee together looking at Lakes Arrowhead and Kickapoo. Mr. Berzina suggested that each Council member give him a list of persons they would recommend, and he would also feel free to make suggestions. Most of the applications they have received are from the affected area. Mayor Lam also noted the annual Christmas tree lighting at Harold Jones Park on December 1, 1992. Item 9d Mr. Berzina reported to the Council that he is recommending that Mr. Helmcamp' s water service be terminated unless he cuts Mr. Holt' s water service off. Mr. Holt is not the owner of the land, and Mr. Helmcamp may have to secure the non-annexation agreement. Having another long term water company does not seem to be in the best interest of the City. This is taking a business that was previously in the city, and subsidizing him outside the city. They will place a termination date on it. Mayor Lam urged that he move forward on this, stating we must remain consistent in all these agreements. Mr. Berzina also handed out a report on the CDBG hearings. They have to publish it before final action. He would like to get their concurrence on the various items. He noted that he is recommending the three Eastside Girls Club improvements, the drainage and park improvements, including $130,000 for Park Central, for a total amount of $180,695, and use the rest for contingency of these projects. He did not recommend doing any work at Booker T. Washington because we do not own the land. Mr. Berzina mentioned calls and letters about Weeks Park Tennis Center, with the resignation of Jody White Lyons. They 176 Item 9d, cont 'd. are looking at various possibilities, including having one pro manage both centers. Councilor Martin suggested he leave it like it is for the remainder of this budget year, and not fill the position. Mr. Berzina noted that the school board will be asking us for some kind of lease on the Navy Building. He feels this is probably its highest and best use. This will be brought back to the Council for their consideration. Councilor Martin noted this is a temporary situation for the school. Items 9e-f Appointments were postponed to the Health Board until all members are present. The City Council adjourned at 11 : 00 o'clock a.m. PASSED AND APPROVED this ld day of �� �<e,� , 1992. 'Michael Lam, May r ATTEST: Wilma J. Thomas, CMC/AAE City Clerk ,.,.��: . ,,ter.