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Min 07/06/1989 i i 256 Wichita Falls, Texas Memorial Auditorium Building July 6, 1989 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. Perry Goolsby Mayor David Farabee - Michael Lam - Angus Thompson - Councilors Robert Barenberg - Ron Buffum - Don Kirkham - James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk The invocation was given by David Adair, Southwest Baptist Church. Item 3 Moved by Councilor Kirkham that minutes of the meeting held June 20, 1989, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 4a John Slack, a Street Maintenance employee, was honored as Employee of the Month for July. Mayor Goolsby presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Mr. Slack was lauded for his 33 years with the City, and a 33 -year safety record. He was referred to by Mr. Bonnett as one of those unsung persons who goes about doing an excellent job every day, and one who, when you send him out with a piece of equipment, you know it will come back in operating condition. Mayor Goolsby also honored Don Whan and KWFT Radio with a proclamation recognizing their 50 years operation in Wichita Falls . Items 5a-7g Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Barenberg. Item 5a ORDINANCE NO. 39-89 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF AVENUE M LYING SOUTH OF BLOCK 97A, HIGHLAND ADDITION, AND A DRAINAGE EASEMENT IN BLOCK 102A, STEPHENS ADDITION, WICHITA FALLS, TEXAS, AND RETAINING UTILITY EASEMENTS Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None 257 Item 5b ORDINANCE NO. 40-89 ORDINANCE WAIVING APPENDIX A SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE OLD IOWA PARK ROAD (BUSINESS RT. 370) , LOT 1, BLOCK 1, H. R. WOOD SUBDIVISION Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 6a RESOLUTION NO. 99-89 RESOLUTION AUTHORIZING CITY MANAGER TO CONSENT TO ASSIGNMENT OF POLICE COMPUTER SYSTEM CONTRACT AND MAINTENANCE AGREEMENT FROM COMMAND DATA SYSTEMS TO US WEST, INC. , OR ANY OF ITS AFFILIATES OR SUBSIDIARIES RETROACTIVE TO JUNE 30, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Building Board of Adjustments and Appeals- May 4, 1989 b. Kemp Public Library Advisory Board - May 24, 1989 c. Building Board of Adjustments and Appeals- June 15, 1989 d. Planning and Zoning Commission - June 14, 1989 e. Board of Electrical Examiners- June 8, 1989 f. Commission on Aging - June 7, 1989 g. Kemp Public Library Planning Committee - June 1, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8a ORDINANCE NO. 41-89 ORDINANCE AMENDING ARTICLE II , BUILDING CODE, OF CHAPTER 7, BUILDINGS, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; ADOPTING STANDARD EXISTING BUILDINGS CODE, 1988 EDITION, AND THE STANDARD BUILDING CODE, 1988 EDITION, WITH THE 1989 REVISIONS TO THE STANDARD BUILDING CODE Moved by Councilor Kirkham that Ordinance No. 41-89 be passed. Motion seconded by Councilor Thompson. Various questions were answered in regard to this ordinance. Mr. Potts addressed the responsibility of making a building waterproof follow- ing demolition of one next to it. Mr. McKinney noted that the question mark should be deleted in Section 2301.14. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None 258 Item 8b ORDINANCE NO. 42-89 ORDINANCE TO AMEND SECTIONS 32-70 AND 32-72 OF THE CODE OF ORDI- NANCES REGARDING PRO-RATA COST AND THE EXTENSION OF WATER AND SEWER SERVICE Moved by Councilor Thompson that Ordinance No. 42-89 be passed. Motion seconded by Councilor Lam. Mr. Bonnett explained a change in the ordinance to provide for greater than 100 feet extensions. Mr. Gross stated that this is an infrequent use, but is sometimes needed. This ordinance is intended for those areas that fall outside the normal area of development. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8c ORDINANCE NO. 43-89 ORDINANCE AMENDING SECTIONS 17-4, 17-8, 17-14, 17-19 AND 17-62 OF THE CODE OF ORDINANCES TO CHANGE VARIOUS SANITATION RATES Moved by Councilor Kirkham that Ordinance No. 43-89 be passed. Motion seconded by Councilor Farabee. William Young, 1018 Widows Lane, opposed an 84 cent increase to residents, stating he would favor a 50 cent increase. Giola Ozuna noted that we need to consider the health of the city in the disposal of garbage. Councilor Lam observed that in the last three years the City has exceeded the revenue projection, and spent less than was budgeted. He proposed a way to apply $7.50 to the residential rate, converting apartments and mobile home parks to commercial , and levy no charges on residents for use of the landfill and transfer station. He projected 5.6 million revenue, which would meet the budget expenditures. Mr. Bonnett believed this to be a reasonable alternative; however, they would have to go to equity to get into the trial recycling operation. Mr. Berzina expressed that we may be better off to go into equity for the recycling program. Councilor Buffum noted an increase in the proposed 89-90 budget for container replacement, stating he would feel more comfortable trying to address this after they look at the budget for 1989-90. Mayor Goolsby expressed confidence in the budgeted figure proposed by the staff. Councilor Barenberg would like a staff member to explain to the public what each category will mean to the citizens in dollars and service. He stressed future planning, stating that disposal costs are going up, and small surpluses are necessary to put into equity for evaluation and implementation of new technology in the future. Mr. Dockery explained that the actual cost to residents is $8.35. Councilor Thompson preferred to use equity to begin the recycling program. Councilor Kirkham agreed that somehow we must encourage recycling. He mentioned area landfills, and Mr. Bonnett commented that we are an area landfill . The proposed charge for area cities to dump at the landfill is being increased from $17.00 to $18.00 per ton. Councilor Farabee urged that we look at recycling and composting. 259 Item 8c Cont'd. Mayor Goolsby stated that he felt comfortable with the proposal submitted by Councilor Lam. Moved by Councilor Lam that the residential rate be set at $7.50; move mobile homes and apartments to existing commercial rate; charge governmental and county entities for use of the landfill ; and raise (2) , (3) , and (4) on the second page to the figures for this year' s budget. Motion seconded by Councilor Kirkham. Following further discussion, the motion was divided into the residential rate for a vote, which failed by the following vote. Ayes: Mayor Goolsby, Councilors Lam and Farabee Nays: Councilors Thompson, Barenberg, Buffum, and Kirkham Items (2) , (3) , and (4) of the motion to increase the numbers to the current rate of $25, $35, and $50, failed by the following vote. Ayes: Councilors Lam and Barenberg Nays: Mayor Goolsby, Councilors Farabee, Thompson, Buffum, and Kirkham The City Council recessed at 10:02, and reconvened at 10:15. Moved by Councilor Kirkham that the ordinance be amended to set all residential rates at $7.75, and to increase (2) , (3) , and (4) to $25, $30, and $37.75, respectively. Motion seconded by Mayor Goolsby, and failed by the following vote. Ayes: Mayor Goolsby, Councilors Lam and Kirkham Nays: Councilors Farabee, Thompson, Barenberg, and Buffum Discussion continued on the number of containers to be picked up. Mayor Goolsby expressed concern that a limitation would not be friendly service. He also did not see how we could enforce it. Moved by Councilor Buffum that the last sentence of Section One be removed from the ordinance. Motion seconded by Councilor Barenberg. Councilor Thompson felt that the City should sell trash bags for container usage. Joe Leonard did not believe the limit would be on the containers, but for curbside collection only. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Barenberg, Buffum, and Kirkham Nays: Councilor Thompson The motion for Ordinance No. 43-89, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Thompson, Barenberg, Buffum, and Kirkham Nays: Councilor Lam The Council indicated to Mr. Bonnett to proceed with a recycling program, from equity funds. i 260 Item 9a RESOLUTION NO. 100-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PRUDENTIAL-BACHE AND THE BANK OF NEW YORK FOR REPURCHASE TRANSACTIONS AND CUSTODY AGREEMENTS Moved by Councilor Buffum that Resolution No. 100-89 be passed. Motion seconded by Councilor Thompson. Mr. Werner explained that he does not know the dollar amounts of savings, but this is a standard industry document. Mr. Hodge recom- mended that the last sentence of Paragraph 7 be removed in order to provide an option for the location of any litigation relating to this agreement. Mr. Werner stated that the security laws in the State of New York are more restrictive than in Texas. If it were tried in Texas, both laws might apply. Councilor Barenberg asked if our accounting firm and consultant in investments were contacted about this matter. Mr. Werner stated that the accounting firm does not get into this. He discussed it with Murphy Davis, and he did not have a lot of concern on the transaction. He thought it was a good thing. Mr. Werner stated that what we buy would be under the agreement. He explained that repurchase transactions and custody agreement is that you are buying an agreement with Prudential - Bache, and collateralize with the Bank of New York. This is mostly eliminating the middle man. Mr. Berzina stated it does not totally eliminate the middle man, but this is one more investment vehicle given to Mr. Werner to invest idle funds. Mr. Werner stated the transaction costs are $75-$80. Moved by Councilor Buffum that the agreement be amended to delete the second sentence of Paragraph 7, as recommended. Motion seconded by Councilor Thompson, and carried unanimously. The motion for passage of Resolution No. 100-89, with the amendment to the agreement, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9b RESOLUTION NO. 101-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CON- TRACT BETWEEN WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS FOR AMBULANCE SERVICE Moved by Councilor Barenberg that Resolution No. 101-89 be passed. Motion seconded by Councilor Kirkham. Miss Houseworth explained how they arrived at the $75,000 subsidy in negotiations with Lifeline. They asked for a subsidy of $84,600. Charles Grady, Operations Manager of Lifeline, addressed medical supplies used, stating he does not know whether the cost of supplies has gone up for Lifeline. Miss Houseworth stated there is nothing in the contract that addresses cost of supplies. She mentioned it because of Councilor Lam' s question on the rationale used for the subsidy. Mr. Berzina noted that when Mr. Harmon said they could cut the subsidy, the City wanted to know how they were going to do it. These prices are medicare reimbursed. Councilor Barenberg noted that medicare payments come out of the pockets of everyone sitting in this room. Mr. Berzina stated there are four partners in this contract. He feels some of 261 Item 9b Cont'd. this is coming out of Mr. Harmon' s operation. Councilor Thompson pointed out that persons under 65 will pay the additional charges. Dottie Murphy appeared as attorney for Lifeline, stating that at the time Lifeline entered into the contract the entities owned all the units, but now they do not own all of them. She does not agree with the liquidated damages, and has recommended against it to Mr. Harmon. She feels some things in the contract are to Lifeline' s disad- vantage. She feels it is a contract more fair to the City than to Lifeline. Mr. Berzina explained there did not seem to be any means of conformance, and one of the entities felt it should be included. We have a good relationship with Lifeline, and we receive very few complaints. The four entities take this contract very seriously. It is a good deal for the four entities, and they hope it is a good deal for Mr. Harmon. Mrs. Murphy stated it is impossible to collect the unpaid fees, and the subsidy is needed. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9c RESOLUTION NO. 102-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT WITH WICHITA COUNTY AND THE CITIES OF BURKBURNETT AND IOWA PARK FOR ALLOCATION OF THE SUBSIDY FOR CONTRACT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilor Barenberg that Resolution No. 102-89 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9d RESOLUTION NO. 103-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMBULANCE LEASE AGREEMENT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilor Thompson that Resolution No. 103-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9e RESOLUTION NO. 105-89 RESOLUTION APPROVING THE TRAFFIC SAFETY COMMISSION BY-LAWS Moved by Councilor Kirkham that Resolution No. 105-89 be passed. Motion seconded by Councilor Thompson. i 262 Item 9e Cont'd. Discussion followed on the procedure for removal of a member. Councilor Kirkham moved that the by-laws be amended to state that the members would recommend removal , and would then recommend that the City Council remove and replace the member. Motion seconded by Councilor Buffum, and carried unanimously. The motion for passage of Resolution No. 105-89, with amended by-laws, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 9f RESOLUTION NO. 104-89 RESOLUTION TO APPROVE WATER RATE STRUCTURE FOR SUBMISSION TO TEXAS WATER DEVELOPMENT BOARD Moved by Councilor Thompson that Resolution No. 104-89 be passed, with Option One. Motion seconded by Councilor Kirkham. Councilor Lam asked for comments on the rate favorable to industrial growth. Mr. Gross explained that any one of the three meet the require- ments of the Water Development Board. He explained the advantages and disadvantages of each option. Option 3 is the present structure used. Mr. Bonnett noted that we are only discussing rate philosophy in this resolution. Mayor Goolsby discussed the second option, stating it is not neces- sarily raising rates, but allowing us to secure a low interest loan that will save the City four million dollars over a 20-year period to bring our facilities up to standards. Councilor Buffum asked if it would be acceptable for a flat rate to residential customers, and a declining block rate for commercial ? Mr. Gross believed it would be. The motion for Option One failed by the following vote. Ayes: None (Councilor Barenberg was absent from the Council table. ) Nays: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Moved by Councilor Buffum that the motion be amended to establish a flat rate for residential , and a declining block for commercial and industrial customers. Motion seconded by Councilor Lam, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) The motion for passage of Resolution No. 104-89, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) 263 Item 9g RESOLUTION NO. 106-89 RESOLUTION REQUESTING CONGRESS TO PASS LEGISLATION TO PROTECT THE AMERICAN FLAG FROM DESECRATION Moved by Councilor Kirkham that Resolution No. 106-89 be passed. Motion seconded by Councilor Buffum. Robert Belcher, 2036 Randolph, Wichita Falls, 76306, appeared in opposition to this resolution. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council recessed at 11:45 A.M. , and reconvened at 12:50 P.M. Item l0a Bill Parker and Greg Reed, Engineers, discussed the construction drawings on the proposed riverwalk from the Falls to O'Reilly Park. Mr. Berzina explained that funds for this project are coming from CDBG funds. Mr. Parker explained there is 5,000 feet of eight-foot sidewalk, three bridges, retaining walls , and an estimated cost of $470,000 for this project. Greg Reed detailed the proposed trail construction. They also propose 15 benches, and lighting. The Council requested that the TIF Board and the Park Board review the plans. Mr. Berzina would like to advertise for bids in August. Moved by Councilor Kirkham that the plans be approved, pending approval of the TIF and Park Boards. Motion seconded by Councilor Buffum, and carried unanimously. There was no discussion under Item 10b. Item 10c Councilor Thompson asked for a progress report on a drug ordinance declaring crack houses a nuisance. Jeanie Thompson stated she is still looking; however, she is of the opinion that we cannot shut off water service to them. She explained that she has checked with other entities on what they can do. The District Attorney' s office and Code Enforcement may be able to help. She explained that due process of law must be followed. She also plans to contact other cities. Mr. Hodge explained that we have had experience in the past where we would adopt an ordinance the Council felt was good for the community. We get sued by someone claiming it is unconstitutional . They don't just sue you, they sue for big damages. This is one reason he is cautious to make sure the ordinance is constitutional . Chief Harrelson explained they have run search warrants on every place where it is pointed out that there may be a crack house. They have talked to the district attorney about injunctions. He would be very interested in what Code Enforcement can do to help them. It takes several days or weeks to prepare enough information to make a case. i i 264 Item 10c Cont'd. Mr. Hodge stated they do not think it is legal to shut off the water, even if charges have been filed. Councilor Thompson urged that we try to find a solution to this problem. Mayor Goolsby pointed out that it is not just a city problem. Maybe we need more courts and judges. The concern is what we can legally do. Councilor Thompson asked about beautification on 287 near Jacksboro Highway. Mr. Murphy stated it is not on the present plan. He noted several other locations which will receive beautification. Councilor Kirkham noted that drugs are running rampant in his area, and Code Enforcement was able to help. He noted other concerns of contractor mowing, and landfill dumping, stating that a person on a bulldozer came within six feet of his tail gate of dumping on him. Mayor Goolsby mentioned the $90 health inspection permit, asking if a group or organization was just taking care of their people, perhaps they may not need a permit? He asked Mr. Edmondson to hold off on this for a while. Mr. Berzina stated he had some options to give the Council . . Mayor Goolsby asked Mr. Bonnett to look at flooding on Bert Street. Mr. Bonnett stated they would prepare a formal report on it. He explained they cannot require a developer to go off-site. This area has been developed for twenty-five years. They have talked many times with people out there about this problem. He feels this is a buyer beware area. Mayor Goolsby feels they need to know in writing what the problems are. Councilor Lam mentioned flooding in the Monroe Street area, stating we may want to approach this the same way as the Bert Street problem. Mr. Bonnett will prepare a report. Councilor Kirkham noted a ditch plugged up just before 9th and Beverly. Mr. Bonnett stated he has also had extensive conversation with people in this area. Mayor Goolsby asked about the pumps in Colonial Park, and Mr. Bonnett stated there is no problem with the operation of the pumps. They do have a continual trash problem, but not with the pumps. The problem is getting more capacity to the pumps. There was no discussion under Item 10d. Item 10e The City Council recessed into executive session at 2:00 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) , of the Revised Civil Statutes. The meeting reconvened at 2:40 P.M. Items 10f-i Moved by Councilor Kirkham that appointments be made, as follows. f. Library Advisory Board - Jim Snowden, Chairman 265 Items 10f-i Cont'd. g. Mayor's Commission on Status of Women - Ranette Hudson Halverson - term to 9-30-89 Carol Burns - term to 9-30-89 Diane Lewis - term to 9-30-90 Eva Neal - term to 9-30-90 h. Human Relations Commission - Kenneth D. Hurley - term to 12-31-90 i . Water Resource Commission - Fernand Hubert - term to 9-30-90 Curtis Smith - term to 9-30-91 James Johnston - term to 9-30-91 Motion seconded by Councilor Buffum, and carried unanimously. Item 9a The City Council reconvened for further consideration on this item. Moved by Councilor Buffum that Resolution No. 100-89 be reconsidered. Motion seconded by Councilor Thompson, and carried unanimously. City Attorney H. P. Hodge stated that Mr. Werner had talked with other cities (Ft. Worth and Carrolton) , and they indicated they could not accept the contract with the change previously recommended. He suggested that they reconsider. Moved by Councilor Barenberg that Resolution No. 100-89 be adopted without change in the contract, and that the previously deleted sentence be reinstated. Motion seconded by Councilor Lam, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council adjourned at 2:55 P.M. 1 PASSED AND APPROVED this day of ,� ' 1989. Perry Goolsby, Mayor ATTEST: Wilma J. Thon%s, CMC AAE City Clerk