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Min 08/18/1992 106 Wichita Falls, Texas Memorial Auditorium Building August 18 , 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 - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by Charles Paulson, Our Redeemer Lutheran Church. Moved by Councilor Thompson that minutes of the meetings held August 4 and 5, 1992, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Item 4 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - June 3 , 1992 b. Plumbing and Mechanical Board of Adjustments and Appeals - July 28 , 1992 C. Aviation Advisory Board - August 5 , 1992 d. Cable Television Advisory Committee - August 11, 1992 e. Clean Community Commission - July 29, 1992 Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 5a ORDINANCE NO. 64-92 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM DESIGNATED FUND BALANCE AND AUTHORIZING THE REPLENISHMENT OF FUNDS FROM UNDESIGNATED FUND BALANCE Moved by Councilor Martin that Ordinance No. 64-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 107 Item 5b ORDINANCE NO. 65-92 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 STATE HIGHWAY 79, ADJACENT TO THE SOUTH LINE OF LOT 1, BLOCK 37, CHEROKEE COUNTY SCHOOL LAND Moved by Councilor Hawkins that Ordinance No. 65-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6a RESOLUTION NO. 127-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH SUZANNE E. BRISCOE ACROSS PORTIONS OF CERTAIN DRAINAGE & UTILITY EASEMENTS AND BUILDING SETBACK LINE, IN LOT 6, BLOCK 10, COLONIAL PARK, SECTION B, WICHITA FALLS, TEXAS, FOR THE EXISTING STRUCTURES LOCATED ON THE LOT 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. Moved by Councilor Martin that Resolution No. 127-92 be passed. Motion seconded by Councilor Hughes. Mr. McKinney explained that the City is not vacating the easement. We are just allowing an encroachment. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6b RESOLUTION NO. 128-92 RESOLUTION APPROVING THIRD AMENDMENT TO CONTRACT FOR AMBULANCE SERVICE TO WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS Moved by Councilor Farabee that Resolution No. 128-92 be passed. ;< Motion seconded by Councilor Hughes. Discussion was held on the seven percent increase in ambulance service charges. The subsidy remains the same. Mr. Berzina explained the subsidy allocation, stating Wichita Falls pays forty-two percent, Wichita County, fifty percent, Burkburnett, five percent, and Iowa Park, three percent. Mike Harmon stated that the seven percent coincides with the increase in health care, operating expenses, and staffing costs. They hope additional staffing will help to reduce response time. Their average response time is 5. 1 minutes. 108 Item 6b, cont'd. Councilor Martin mentioned a $500 charge for transporting a body to the hospital. Mr. Harmon stated he did not believe that was the case, and he would be happy to discuss this problem. Salaries have been increased fifteen percent in order to retain paramedics. Mr. Harmon stated the First Responder program should help because of the location of nine fire stations in town. Discussion was held on stocking and restocking supplies to the fire stations by Lifeline. Mr. Harmon stated that they would deal primarily with critical care, such as heart attacks. They work under the direction of Dr. Ralph Kelly at Wichita General Hospital. Mr. Harmon stated that their audit year ends June 30. Councilor Thompson stated that perhaps the County and the rural areas should share more of this cost, stating he has never been pleased with this service. Councilor Hawkins requested that Mr. Harmon work out certain percentages of use by each entity. The motion carried by the following vote. Ayes: Councilors Farabee, Loughry, Thompson, Hughes, and Hawkins Nays: Councilor Martin (Mayor Lam abstained. ) Item 6c RESOLUTION NO. 129-92 A RESOLUTION ENDORSING THE URBAN TRANSPORTATION PLANNING JOINT CERTIFICATION PACKAGE FOR FISCAL YEAR 1993 AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS Moved by Councilor Farabee that Resolution No. 129-92 be passed. Motion seconded by Councilor Thompson. Roger McKinney addressed various projects, stating that additional state funds will be made available as a result of prison system improvements needed. Councilor Thompson noted that the CAC van is purchased from state monies. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6d RESOLUTION NO. 130-92 A RESOLUTION GRANTING APPROVAL FOR THE TEMPORARY SALE OF ALCOHOLIC BEVERAGES AT 5700 SOUTHWEST PARKWAY, FOR THE HOTTER 'N HELL HUNDRED BICYCLE RACE ON AUGUST 29 , 1992 Moved by Councilor Martin that Resolution No. 130-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 109 Item 7a RESOLUTION NO. 131-92 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE LANDFILL SOIL LINER 9 PROJECT Moved by Councilor Thompson that Resolution No. 131-92 be passed. Motion seconded by Councilor Martin. Councilor Loughry asked if anyone had looked at putting in a vinyl liner, and Mr. Bonnett stated that will soon be coming. Councilor Hawkins asked about filing a lawsuit to get some relief, and Mr. Humbach explained that we would have to show some kind of corporate deprivation, and that just doesn' t exist in our situation. They feel the best approach is through our congressmen and senators. Mr. Berzina explained there is a very concerted effort to raise the costs to force recycling, which is not cost effective, nor are facilities available. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None p„ Item 7b RESOLUTION NO. 132-92 RESOLUTION FOR THE AWARD OF BID TO ADE CONSTRUCTION CO. FOR THE 1992 ALLEY REPAIR PROJECT Moved by Councilor Hughes that Resolution No. 132-92 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8a RESOLUTION NO. 133-92 RESOLUTION TO APPROVE CHANGE ORDER NO. 18 FOR THE RIVER ROAD WASTEWATER TREATMENT PLANT MODIFICATIONS AND ADDITIONS PROJECT Moved by Councilor Hughes that Resolution No. 133-92 be passed. Motion seconded by Councilor Martin. Mr. Bonnett explained that they just missed this one in the original plan. In a project this size, fifty change orders are not out of line. Councilor Hawkins asked for the history on this contract. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 110 Item 8b RESOLUTION NO. 134-92 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE CDBG REDFOX EXTENSION PROJECT Moved by Councilor Thompson that Resolution No. 134-92 be passed. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Thompson Nays: None Item 9a Mayor Lam noted previous discussions and a public hearing on the proposed 1992-93 City budget. Some direction was given to the staff on achieving certain goals. Mr. Berzina noted that the staff looked at a combination of approaches in reducing the tax increase and also reducing $150,000 from the budget. Jim Dockery addressed general fund adjustments, stating it required elimination of $146,163 from the budget in order to reduce . 659 cents on the tax. He stated that some of the items can be purchased in this year ' s budgets. Others are deductions to expenditures and revenue adjustments. Some adjustments have been made in the telephone system at Farmers Market, for a savings of $670 . Some areas will just take some reductions. Various adjustments in other funds were mentioned. The adjusted tax rate would be 67.36 cents, which is a one-cent tax increase from last year. Mayor Lam pointed out that the City will be hiring nine new police officers, and putting vehicles on the street, which was approved by the voters in 1990, and this is actually costing more than the one-cent tax increase. He suggested an ordinance be prepared to adopt this budget at the second meeting in September. Item 9b John Adams, 2904 9th Street, and 5119 Lakeshore Drive, stated that he had a problem at his residence on 9th Street, in that he has difficulty getting out on Hayes Street. He stated that trees, bricks, shrubs, an air conditioner, etc. are in the street. He stated that he had three cars totaled in front of his house on 9th Street because the street is not wide enough, and there is a steady stream of traffic coming down 9th Street beginning at about 4: 30 p.m. Mayor Lam requested that Mr. Bonnett get a report to the Council on this situation to see if they can give Mr. Adams some relief. Mr. Adams stated he would be willing to donate some money, if needed. Mayor Lam suggested that he come back in two weeks, and perhaps they would have some answers. Lubin Moise, 713 Wood Street, Gilbert Memorial CMC Church, stated that church members have been complaining about safety on the East side. He stated that drugs and dope people use their parking lot, and their members are fearful of being out. He noted that the East side is dying, yet there are still working people in the area. Mayor Lam stated they are constantly aware of these problems, and are trying to make it as safe as possible. Chief Harrelson commented that they are spending a lot of time in this area. He noted comments made by the District Attorney' s office. 111 Item 9b, cont'd. He further stated that many of the cases they make are being plea bargained, and that is what you are seeing on the streets. All the police can do is make cases and present them. Councilor Hughes stated that he feels that citizens citywide should make the District Attorney' s office aware of how the citizens feel. Mr. Moise stated he would get some petitions signed. Mayor Lam suggested that he take this petition to the District Attorney' s office. Richard Esparza, 1224 Pecanway Drive, requested a place on the Council agenda for the Mexican American people to request release of the Naval Reserve Building for a community center. Mr. Berzina explained that they are still looking at City use of the building. He is aware of other groups which he feels would have a higher use. The Navy has extended their lease one more year to meet some legal problems. He suggested that the Council not be in a hurry to make a decision on it. The deed states they will either demolish the building or turn it over to the City for their use since it sets on City property. They will maintain it as long as it is in their possession. Mayor Lam confirmed that they will move slowly on it, and there are also other applications to be considered. He emphasized that Mr. Esparza needs to wait until they have an opportunity to look at the highest and best use of this property. Mr. Berzina further noted that timing is not right for the Council to make a decision. Councilor Hughes suggested to Mr. Esparza that he make a presentation in writing to the City Manager, and Mr. Esparza stated that he had already done that. Mayor Lam suggested that he monitor this matter on a monthly basis with Mr. Dockery to see where they are. Giola Ozuna, 1309 Giddings, commented on this matter. Councilor Thompson recommended that in the City Manager' s ranking, that the highest priority be given to the City' s use. Item 9c Councilor Loughry mentioned extending the river trail with flower beds. Mr. Berzina noted a high cost to it. Councilor Martin commented on the presentation made previously by Curtis Smith for the purpose of establishing a compost industry. Mr. Berzina stated he will provide a follow- up report. �a . Councilor Hughes commended the staff for a good job in meeting the Council' s request for a tax decrease. He also noted that since the time frame has changed on the ambulance contract, he would like to have the audit report presented to the Council next time so they will have more information in the time frame they will be dealing with the contract. Councilor Hawkins noted high weeds and grass at the Exxon Station on Loop 11 and Naval Air Station. The State has begun mowing the right of ways on I-44 . He also requested Bob Parker to check trees growing near the stop sign on Buchanan Street from 10th Street going South. He also mentioned previous discussion about appointing a committee to look into lake lots. Mayon Lam suggested a goal of forming this committee by about October 1 , for Arrowhead and Kickapoo. He urged Council members to submit names of persons to serve on this committee. Councilor Hawkins hoped for a one or two cent tax decrease next year. 112 Item 9c, cont'd. Councilor Thompson suggested improvement of North Broadway, as well as Jefferson Street needing drainage improvement since the multi-purpose center has been approved. He also asked if we have a way in which to rate contractors, noting the difference in the work on Corwin and Maurine from the work done on Red Bud and Borton. Councilor Thompson also agreed with Mr. Moise' recommendations on the East side. He feels the entire City will have to move forward at the same time or else we will go backwards. Councilor Martin noted that the Mexican American community j will be celebrating with a fiesta on September 12 , the birth of a new race by the Indians and Spanish making up the Mexican race, and the 500th year of Columbus discovering America. Mayor Lam mentioned the water detention ordinance, and Mr. Berzina noted a report would be placed on the agenda for one of the upcoming meetings. Mayor Lam also complimented the City Manager and his staff on the budget hearing process. The City Council recessed into executive session at 10: 25 a.m. , according to Article 6252-17, Section 2(e) , V.A.C.S. The meeting reconvened at 11: 50 a.m. , and immediately adjourned following Mayor Lam' s announcement that there was no other business on the agenda. PASSED AND APPROVED THIS DAY OF , 1992. Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk 'Iwo