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