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Min 06/16/1992 70 Wichita Falls, Texas Memorial Auditorium Building June 16 , 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 Levi E. Braswell, Chaplain, Sheppard Air Force Base. Item 3 Moved by Councilor Thompson that minutes of the meetings held June 1 and June 2 , 1992, be approved. Motion seconded by Councilor Hughes, and carried unanimously. Item 4 Item 4b was moved to the regular agenda. Moved by Councilor Hughes that minutes of the meetings of the following boards and commissions be received. a. Commission on Aging - May 6, 1992 c. Park Board - May 28, 1992 d. Arts Commission - June 8, 1992 e. Commission on Aging - June 3 , 1992 Motion seconded by Councilor Farabee, and carried unanimously. Item 4b Moved by Councilor Hughes that minutes of the meeting of the Civil Service Commission held May 27, 1992, be received. Motion seconded by Councilor Farabee. Councilor Loughry mentioned five test items discussed in the minutes. He discussed the proofing of the test, and Mr. Humbach stated that he is satisfied they have done a good faith effort to proof them. Mrs. Stricklin pointed out that she does proof the tests. In this particular test when the key was made, the key got off on several of the questions, and those are the questions in this information. She stated that they always have appeals, whether there is a mispunch or not. Four open positions caused more concern than normally. The Civil Service Commission has the right to determine the eligibility of the questions. The scores are adjusted so that it is not harmful to the police officer. She explained there is still a human error 71 Item 4b, cont'd. which can be made on any testing procedure, but the officer is not harmed. The Local Government Code provides for appeals. Councilor Martin expressed concern that so many of them were kicked out. He feels partiality could be shown when we make the test. He would personally rather get the tests from outside to eliminate any partiality being shown. Mrs. Stricklin explained that the Chiefs of the Fire and Police Departments review 5000 questions and state that they are valid. She then selects 100 of them for the test. Twenty questions are easy ones, and twenty are at the highest level. The remaining questions are the ones which the men should get when they study. Mrs. Stricklin stated that the Civil Service Commission appointed her in 1983 for the responsibility of Civil Service Director. She explained that in her past employment she has had great responsibility in developing tests and questions. She noted that back in the 1970 ' s, the City utilized standard tests. After they had taken it for several years they got very familiar with it. The same test was given at various levels. She stated that they would have to add $10 0,0 0 0 to $3 0 0 ,0 0 0 to the budget each year to purchase these tests. She noted her experience and education in developing tests, and writing them. Councilor Hawkins stated he had a problem with that amount of money. The motion to receive the minutes carried unanimously. Item 5a ORDINANCE NO. 46-92 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 46-92 be passed. Motion seconded by Councilor Hughes. Mr. Edmondson explained this grant, stating 34 clients have been on it since December. Since March, 1985, there have been 3 ,741 HIV tested, with 82 positive cases. There have been 60 cases of aids here since 1980, with 27 deaths. Councilor Thompson commended Mr. Edmondson and the Health Department for the New-Jerusalem Community. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins S Nays: None Item 5b A proposed ordinance was presented waiving appendix A, Subdivision Section 7(b) ( 3 ) of the Code of Ordinances and Resolution 172-91, a resolution approving criteria for storm water facilities passed November 5 , 1991, with respect to construction of drainage improvements on Lot 3 , Block 1, Lake Wichita Addition. A motion was made by Mayor Lam, and seconded by Councilor Loughry for its passage. George Miller, 4713 Fairway, stated in order to sell this property he would need a waiver of concreting the ditch. It would take $10,900 to do this. Councilor Hawkins noted he would have an option to give additional right of way for a sod ditch. Mr. Bill Parker explained they do not do engineering work for private contractors. He stated the taxpayer pays the price of this later on if the property owner does not take care of it. 72 Item 5b, cont'd. Mayor Lam noted this is raw ground. It seems we are stretching the word development on this land. He favored granting the waiver. Mr. Humbach pointed out that we have not historically assessed right of way improvements. Mr. Berzina noted this is a methodology to shift the burden to the taxpayers. Councilor Martin stated he had seen situations that had the developer done what he should have, we would not have the problems we have now. He believes it is time we take a stand and make sure it is properly developed before it is passed on to the taxpayers. Mayor Lam suggested that Mr. Miller hire a local engineer to do a study of the cost of what is required. Councilor Thompson suggested that Mr. Miller be provided options in writing. The motion failed by the following vote. Ayes: Mayor Lam, Councilors Loughry and Hawkins Nays: Councilors Farabee, Thompson, Hughes, and Martin Item 5c ORDINANCE NO. 47-92 AN ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES IN ORDER TO ALLOW THE OPERATION OF A TRANSIENT SHOW, AND AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE AND BEER PURSUANT TO SECTION 5420 (5) OF THE ZONING ORDINANCE FOR THE ANNUAL FIESTAS PATRIAS CELEBRATION OF OUR LADY OF GUADALUPE CHURCH ON SEPTEMBER 19-20 , 1992 Moved by Councilor Hughes that Ordinance No. 47-92 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 5d ORDINANCE NO. 48-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING ORDINANCE NO. 3178 TO PROVIDE FOR THE USE OF FUNDS FROM THE WEST TEXAS ELECTRIC FUND; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Ordinance No. 48-92 be passed. Motion seconded by Councilor Thompson. Councilor Loughry understood that this money was to be used for Lake Ringgold. Mr. Berzina explained that this money was almost depleted to purchase a portion of the land for Lake Ringgold. There is no obligation from this fund for any dam work or anything else. This only broadens the potential use of 73 Item 5d, cont'd. this fund. This money has never been appropriated for anything except Ringgold land purchase. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry Item 5e ORDINANCE NO. 49-92 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR PURPOSES OF A SELECTIVE TRAFFIC ENFORECEMENT PROGRAM (S.T.E.P. ) Moved by Councilor Martin that Ordinance No. 49-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, Martin, and Hawkins Nays: Councilors Loughry and Thompson Item 6a RESOLUTION NO. 99-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY FOR THE MAINTENANCE OF CERTAIN COUNTY VEHICLES, SELLING OF FUEL AND JOINT VEHICLE BIDDING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Farabee that Resolution No. 99-92 be passed. Motion seconded by Councilor Hughes. Councilor Loughry commented that there is nothing here to tell us whether this is a good idea or not. He asked about how much money we have made on this. Councilor Hughes pointed out that the intent is not to make money, but to provide efficiency between the City and County. Councilor Hawkins expressed his approval of this joint participation. Mr. Parker noted that we make ten percent on maintenance, and ten percent on labor. The Council discussed their goal of saving taxpayers ' money. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Hawkins Nays: Councilor Loughry 74 Item 6b RESOLUTION NO. 100-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING SALE OF EXCESS CITY PROPERTY ON MAURINE STREET; 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. 100-92 be passed. i Motion seconded by Councilor Martin. Councilor Thompson commented on the extension of Maurine Street. He asked what Mr. Ruddy will use this property for, and Mrs. Chasteen explained that he wants to fence it in with his property. Councilor Thompson expressed concern about the beautification of this street and the area, stating it is next to the softball complex. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, Martin, and Hawkins Nays: Councilors Loughry and Thompson Item 6c RESOLUTION NO. 101-92 RESOLUTION TO AUTHORIZE USE OF AVAILABLE DESIGNATED FUNDS FOR CONTINUING INSPECTION SERVICES BY BIGGS & MATHEWS, INC. ON HOLLIDAY CREEK SANITARY SEWER INTERCEPTOR PROJECT Moved by Councilor Hughes that Resolution No. 101-92 be passed. Motion seconded by Councilor Martin. Councilor Hawkins inquired if the water now going down Holliday Creek will have an effect on the completion date on the Holliday Creek sanitary sewer interceptor project, and Mr. Bonnett stated that the contract has probably been extended from August to September or October. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 6d RESOLUTION NO. 102-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRACT WITH THE STATE OF TEXAS, THEREBY ENABLING THE WICHITA FALLS POLICE DEPARTMENT TO PARTICIPATE IN "OCCUPANT PROTECTION" SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (S.T.E.P. ) Moved by Councilor Farabee that Resolution No. 102-92 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, Martin, and Hawkins Nays: Councilors Loughry and Thompson 75 Item 7a RESOLUTION NO. 103-92 RESOLUTION TO ACCEPT THE CDBG AMBER, BORTON, LEE AND REDBUD STREET RECONSTRUCTION PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY Moved by Councilor Thompson that Resolution No. 103-92 be passed. Motion seconded by Councilor Martin. Councilor Hawkins asked how the negotiations went, and Mr. Berzina explained that they do not believe any more grinding can take place. They did not come up with a figure with the .t contractor, but stated he has probably put an additional $20,000 to $25,000 into the project. Councilor Hawkins stated he is not ready to accept it, stating the work is not according to specifications. He feels we would be doing our citizens a disservice to ask them to pay for it. A substitute motion was made by Councilor Hawkins to accept the contract with no additional payments, and if it is not accepted we go to litigation. The motion died for lack of a second. Councilor Loughry asked why the contract went on so long with so many problems in it, and Bill Parker explained that the last thing they wanted to do is shut the contractor down. The contractor made reasonable effort to make it right. He further stated they made some measurements on certain streets in town, and not one met specifications. Councilor Hughes pointed out that the city staff cannot do anything to the contractor, stating we are dealing with specifications. Mayor Lam asked if the Public works Department is recommending that the street be accepted, and Mr. Bonnett stated they are. Mr. Berzina explained that the quality is there. It is the riding quality that is affected. He stated we cannot go out there and rip out the street. He recommended the street be accepted, and get the project finalized. Councilor Hughes noted that testing methods are part of the problem; not the street structure. There are other measuring techniques that we do not have. Mr. Bonnett stated this is not that far out of specification, and believes it to be in the interest of the citizenry to accept it and go on. Councilor Thompson stated he believes the City Inspection Department should share part of the blame with the contractor. Mr. Bonnett explained that the inspector is not there to tell the contractor how to do his job. The inspectors came up loud and clear. The contractor made some adjustments, and it did get better. Councilor Thompson applauded Don Kirkham for his interest in bringing this to their attention. Bill Parker stated they have about 300 pages of diaries from inspectors on this. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, and Martin Nays: Councilors Loughry and Thompson The City Council recessed at 10: 15 a.m. , and reconvened at 10: 25 a.m. 76 Item 8a Peggy Van Allen, 1629 Longview, noted a flooding problem in her area. She stated they have had flood water in their home on six occasions since 1981. She has spoken with staff and Councilor Hawkins about this problem. Mr. Bonnett stated an engineering study is being done to see what can be done about it. Giola Ozuna, 1309 Giddings, appeared in support of the proposed events center. Item 8b Councilor Loughry called attention to an alley at McNiel and Southwest Parkway, asking if barricades could be put up. He also asked about barricades at dead end streets. He asked why the base was not repaired on Manchester Street. Mr. Bonnett stated he believed it was only an overlay. Councilor Loughry asked for a list of job openings from January 1 to June 1, 1992, and how they were filled. Mrs. Stricklin explained it is not on the computer, and they will have to research it. Councilor Martin pointed out that the City Council has nothing to do with the hiring situation, stating it is the City Manager' s responsibility. Councilors Hawkins and Thompson also requested a list. Councilor Loughry asked if the engineering position has been filled and wondered about getting a minority. Mrs. Stricklin stated that they have been recruited. Councilor Martin mentioned the condition of Riverside Cemetery. Jack Murphy stated that markers are the responsibility of the owners. Councilor Martin requested that Mr. Murphy take a trip through the cemetery to view the damage. Councilor Hughes stated he would like to see the City continue its policy of hiring the most qualified people for all positions. Councilor Hughes mentioned ordinances regarding speed limits, trash, etc. , on informing people of violations. This will also let them understand how to file reports. Councilor Hughes commented on operating costs of the events center being discussed. The hotel/motel fund was discussed at a meeting he attended as handling the revenues. Accounting procedures were also looked at. He noted that the City cannot use depreciation expense because they do not pay taxes. Mr. Berzina explained that the center will be its own enterprise type fund. Councilor Farabee asked about closing hours of the parks. Mr. Murphy explained it is midnight to five a.m. He stated he had received complaints from residents of East Lynwood that cars were parked along the park sometimes after midnight. Alcohol consumption was also mentioned, stating beer bottles and litter were being left. Councilor Hawkins requested a special committee to again look at the carport issue. He also noted that the street is settling in the 5300 block of Hooper. Councilor Hawkins requested that holes, rat poisons, and bird dropping problems be corrected at the airport. Bob Parker explained that he has scheduled repairs with Building Maintenance. Baggage room doors will also be reviewed to ensure they meet the fire code. Councilor Hawkins also mentioned lounge signs. Mr. Parker also addressed the question of the plane which comes in to take people to Las Vegas. 77 Item 8b, cont'd Councilor Thompson noted he was hopeful that Williams Park would be available for a picnic on June 19. Mr. Berzina explained this is a contractor situation, rather than a city situation. Councilor Thompson also addressed a situation where a young man came to town for a wedding, and certain police problems ensued. Chief Harrelson explained that there is another side to the story, and they are still investigating. Councilor Thompson also commented that he did not feel we always hire the most qualified. He mentioned hiring with the ethnic make up of our community. Mayor Lam turned the meeting over to the Mayor Pro tem because of a previous commitment. Item 8c Mr. Berzina handed out various reports. Mr. Bonnett explained that the City of Holliday had a tank failure, and the City of Wichita Falls dispatched a crew to assist them. They also asked for the use of a garbage truck because theirs got washed away. The City of Wichita Falls sent a truck and operator, which will be billed to the City of Holliday. He also stated the Texas Water Commission has published its concept paper on solid waste, which they are working on. Mr. Berzina addressed reports on Lake Wichita and Lake Diversion, and the Holliday Creek project. Surplus airport funds and cost of running a trail into Kiwanis Park were also mentioned. Item 8d Mayor Pro tem Hughes recessed the Council meeting into executive session at 11: 15 a.m. , according to Article 6252-17, Section 2(g) V.A.C.S. The meeting reconvened at 11: 25 a.m. Item 8e, f Appointments to the Commission on Disability and the Wichita Falls Housing Authority were postponed. Councilor Loughry mentioned the Mayor' s Commission on the Status of Women not being well attended. He feels they should attend or resign. Enforcement of the rules of each committee was encouraged by Council members Hughes and Martin. Mr. Berzina noted that petitions have been received, and will be reviewed during the day to determine whether the meeting will be held tomorrow. He will also coordinate with the County. The City Council adjourned at 11: 30 a.m. PASSED AND APPROVED this the day of , 1992 . ATTEST: Michael Lam, Mayor r Wilma J. Th�mas,�CMC�/AAE�� City Clerk