Min 09/19/1989 320
Wichita Falls, Texas
Memorial Auditorium Building
September 19, 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
Ron Buffum
Don Kirkham
James Berzina City Manager
Gregory Humbach City Attorney
Wilma J. Thomas City Clerk
Robert Barenberg Absent
The invocation was given by Jimmie Hatcher, Sunnyside
Baptist Church.
Item 3
Moved by Councilor Kirkham that minutes of the meeting
held September 6, 1989, be approved.
Motion seconded by Councilor Buffum, and carried
unanimously.
Items 4a-5e
Item 4b was moved to the regular agenda.
Moved by Councilor Buffum that the consent agenda be
approved.
Motion seconded by Councilor Thompson.
Item 4a
Bids were awarded for estimated annual office supplies,
as follows.
a. General Office Supplies - Wilson Office Supply,
$8,989. 16
b. Binders - Branch Office Products, $1,423 . 56
C. Envelopes - Branch Office Products, $2,027. 50
d. Paper - Empire Paper, $10,279. 43
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 4c
RESOLUTION NO. 153-89
II' RESOLUTION TO APPROVE AWARD OF BIDS TO VARIOUS
SUPPLIERS FOR FRONT END LOADERS FOR USE BY THE
SANITATION DEPARTMENT
I�
321
Item 4c Cont'd
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 4d
Bids were awarded for the City' s insurance program, as
follows.
a. Williams Dwyer Agency - Building and Contents,
$17, 500.44
b. Williams Dwyer Agency - Extra Expense, City Hall,
$837.00
C. Williams Dwyer Agency - Excess Workers ' Comp,
$35 ,088. 00
d. Allred Thompson Insurance - Boiler and Machinery,
$10,545. 00
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 5
Minutes of the meetings of the following Boards and
Commissions were received.
a. Civil Service Commission - August 29, 1989
b. Commission on Aging - September 6, 1989
C. Landmark Commission - August 17, 1989
d. Commission for Disabled Persons - September 11, 1989
e. Wichita Falls/Wichita County Public Health
Board - August 25 , 1989
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 4b
RESOLUTION NO. 154-89
RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT
FOR THE LANDFILL SOIL LINER VI
Moved by Councilor Kirkham that Resolution No. 154-89 be
passed.
Motion seconded by Councilor Farabee.
Mr. Bonnett explained that the low bidder called at
8: 25 A.M. , requesting that he be released from his bid, but
only if his bid bond would not be cashed. City Attorney '
Gregory Humbach explained that the City would be in its rights
to cash the bid bond. Mr. Bonnett noted that the contractor
is having difficulty getting equipment. We are only
interested in the final product.
Following other discussion, the motion for passage of
Resolution No. 154-89 carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
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322
Item 6a
ORDINANCE NO. 65-89
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 Thompson that Ordinance No. 65-89 be
passed.
Motion seconded by Councilor Farabee.
Councilor Kirkham proposed that one sergeant be deleted,
and that these six new people be placed under another
supervisor. Chief Harrelson explained the type of work that
the tactical unit will be doing, and that the sergeant will be
a field sergeant.
After further discussion, the motion carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, and Buffum
Nays: Councilor Kirkham
Item 6b
ORDINANCE NO. 66-89
ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL
FUND FOR FISCAL YEAR 1989-90 FROM REVENUE RECEIVED
FROM THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE
DIVISION FOR PURPOSES OF A CAMPUS DRUG ENFORCEMENT
OFFICER
Moved by Councilor Buffum that Ordinance No. 66-89 be
passed.
Motion seconded by Councilor Farabee.
Chief Harrelson explained that the salary of this officer
is paid by this grant. Discussion centered around the duties
of this officer, stating they are trying to work out the
details with the school system.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 6c
ORDINANCE NO. 67-89
ORDINANCE AMENDING SECTION 24-8 OF THE CODE OF
ORDINANCES WHICH ARE HELD AT THE WICHITA FALLS
ACTIVITIES CENTER TO EXEMPT GUN AND KNIFE SHOWS FROM
COMPLETING GUN REGISTRATION REQUIREMENTS
Moved by Councilor Lam that Ordinance No. 67-89 be
passed.
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Item 6c Cont'd
Motion seconded by Councilor Kirkham, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam, and
Kirkham
Nays: Councilors Thompson and Buffum
Councilor Kirkham stated that the problem we have is the
great increase in assault type weapons. He requested the City
Attorney to look into some type of control for assault
weapons. He believes the ordinance needs to be changed, but
does not believe this is the time. Mayor Goolsby commented
that another group had previously been authorized, and they
cannot make an exception of one over the other.
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Item 6d
ORDINANCE NO. 68-89
ORDINANCE AMENDING SECTION 15-15 OF THE CODE OF
ORDINANCES TO ADOPT THE 1988 EDITION OF THE STANDARD
FIRE PREVENTION CODE
Moved by Councilor Buffum that Ordinance No. 68-89 be
passed.
Motion seconded by Councilor Thompson.
Fire Marshall Mike Johnson explained that this is the
sister code to the building code. It has not been reviewed by
another group. He addressed underground storage tanks and
paint spray booths that will be used for drying purposes, as
well as for painting.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 7a
RESOLUTION NO. 155-89
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF WICHITA FALLS AND THE STATE OF TEXAS FOR
CONSTRUCTION OF ARMORY ROAD FROM MIDWESTERN PARKWAY
SOUTH TO US HIGHWAY #281
Moved by Councilor Thompson that Resolution No. 155-89 be
passed.
Motion seconded by Councilor Farabee, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
324
Item 7b
RESOLUTION NO. 156-89
RESOLUTION TO APPROVE PROPOSAL OF TRAC
LABORATORIES, INC. TO PERFORM BIOMONITORING TOXICITY
TESTING SERVICES
Moved by Councilor Lam that Resolution No. 156-89 be
passed.
Motion seconded by Councilor Kirkham.
Mr. Bonnett responded to questions concerning toxicity.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 7c
RESOLUTION NO. 157-89
RESOLUTION TO REJECT BID FOR UTILITY LINE
ADJUSTMENTS FOR PHASE III OF THE HOLLIDAY CREEK
FLOOD CONTROL PROJECT AND TO AUTHORIZE REBID OF THE
UTILITY ADJUSTMENT PROJECT
Moved by Councilor Lam that Resolution No. 157-89 be
passed.
Motion seconded by Councilor Buffum.
Richard Boyd addressed the Council, stating that the
estimate for this project was $280,000. The only bid received
was $582,860. This is a tough job, and many contractors did
not want to bid.
Mr. Bonnett explained that this is a high risk job
(financially) , and he will be working very closely with
Mr. Boyd. There will be a lot of money up front (around
$100,000) , before he gets paid.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 7d
RESOLUTION NO. 158-89
RESOLUTION TO APPROVE PURCHASE OF CONCRETE CYLINDER
PIPE FOR UTILITY ADJUSTMENT PROJECT TO ACCOMMODATE
PHASE III OF THE HOLLIDAY CREEK FLOOD CONTROL
PROJECT
Moved by Councilor Thompson that Resolution No. 158-89 be
passed.
Motion seconded by Councilor Lam, and carried by the
following vote.
325
Item 7d Cont'd
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 7e
RESOLUTION NO. 159-89
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS WITH SEVERAL COMMUNITY SERVICE
ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE
CONVENTION AND TOURISM INDUSTRY
Moved by Councilor Buffum that Resolution No. 159-89 be
passed.
Motion seconded by Councilor Lam.
Councilor Thompson noted that he will not take part in
the discussions, nor vote, on CAC contracts.
Councilor Kirkham asked questions concerning the out-
patient care of prisoners, as well as those prisoners not on
an out-patient basis. Following discussion, Mayor Goolsby
requested the staff to work on this paragraph of the contract
with North Texas Medical Foundation.
Councilor Kirkham noted problems with the budget
submitted by the Neighborhood Action Groups, stating that it
appears to him that these budgets should be prepared by CAC,
and dispersed by them, and that they should not be pencil
copies. Miss Houseworth indicated that they need to let CAC
know next year that the way these budgets were prepared this
year is not acceptable.
Councilor Kirkham also mentioned a problem with only
listing six events in Paragraph ld of the contract with Board
of Commerce and Industry.
Following discussion, an amendment was moved by Councilor
Buffum that the word "six" be struck, and add "such as"
following the word "events" .
Motion seconded by Councilor Kirkham, and carried
unanimously.
Councilor Kirkham addressed the Scope of Services in
Paragraph One of the contract with Midtown Incorporated,
relating to the Railroad Museum. Mr. Berzina explained that
the assistance at this time is to provide a plan. Other
discussion continued.
Moved by Councilor Kirkham that the contract be amended
to state that it would provide assistance for planning and
development of an oil and transportation museum.
Motion seconded by Councilor Buffum, and carried
unanimously.
Councilor Buffum made general comments on maintaining an
inventory of furniture. Miss Houseworth stated that all
organizations have reviewed and agreed with these contracts.
326
Item 7e Cont'd
Councilor Buffum addressed the use of dollars for
political activity, and prohibit the use of these dollars for
all lobbying from local to Congress. He asked that this be
included.
Councilor Buffum also noted that the MHMR Contract talks
about out-patient services, and that Triage is an in-patient
program. Miss Houseworth stated they can change the wording
on this.
Councilor Buffum mentioned Item Nine in all contracts on
future funding, stating that by prior resolution the Council
made a commitment on funding outside agencies only on those
which they had a part in establishing.
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The motion for Resolution No. 159-89, as amended, carried
by the following vote.
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Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Mayor Goolsby suggested that the scope and duties of the
Council Committee be increased next year to edit the contracts
for accuracy.
The City Council recessed at 10: 22 A.M. , and reconvened
at 10: 37 A.M.
I
Item 7f
RESOLUTION NO. 160-89
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH MIDWESTERN STATE UNIVERSITY FOR
CONTINUED DEVELOPMENT OF A REGIONAL ECONOMIC DATA
BASE
Moved by Councilor Buffum that Resolution No. 160-89 be
passed.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 7g
RESOLUTION NO. 161-89
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH INDIVIDUAL DEVELOPMENT CENTER, INC.
FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED
PERSONS
Moved by Councilor Kirkham that Resolution No. 161-89 be
passed.
Motion seconded by Councilor Farabee.
Miss Houseworth explained that last year was the first
time they went to a City supervisor in order to save money.
She stated it has been a very effective arrangement.
327
Item 7g Cont'd
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 7h
Discussion was held on a proposal for Maurine Street
alignment. Two options were presented.
Moved by Councilor Kirkham that Item 7h be adopted.
Motion seconded by Councilor Thompson.
Mayor Goolsby explained that in 1987 the Council took the
position that the street would be extended under Option One.
Mr. Berzina explained both options, stating they are tied
into different points. The State will work with the City on
either option. Option One is the one historically selected.
It does away with a T-intersection. It does go through a
business. Option Two ties in somewhere else. If Option Two
is selected, then they need to give consideration to acquiring
this property because someday it will be rebuilt over to
Highway 240. Either option will work. Historically, 1964 was
the year Option One was chosen. There was an agreement in
1973 between the City and property owner that the road would
come between the property. Option One has a business
relocation. If Option Two is selected, the City should
acquire the property East of Sheppard Access Road. The
estimated cost is $17,000 for the property.
Bob Westbrooks, who owns Westbrooks, Inc. , spoke to
Mr. Ruddy' s business being split in two by Option One. He
recommended Option Two, stating it does not touch any
buildings. Councilor Kirkham noted that it appears Option Two
would get a corner of Mr. Westbrooks ' building.
Mr. Westbrooks responded that the right-of-way would be there,
but the road would be 14 feet away. He stated that he is not
here to promote this road running by his business, but to help
Mr. Ruddy. They have space they plan to use for parking if
this is done.
Councilor Thompson explained that in August 1973 ,
Mr. Ruddy signed a plat designating that he would locate his
improvements off the proposed street. Plats are made for
orderly development of the City.
Tom Ruddy appeared as President of Wichita Metal
Products, stating he has been at this location more than
twenty-five years. He stated they requested a building
permit, and the City insisted that there be a plat, but there
was a controversy that the road alignment was going to be
shown on the plat. Charles Russell, their attorney, argued
that the City had no rights to the street extension. The
street was shown on the plat with no rights reserved by the
City. Mr. Ruddy recommended Option Two, stating there is no
way a four-lane highway and a business can exist in this area.
He stated they will work with the City in donating a portion
of his land. They manufacture metal trailers and modular
buildings.
James Esther, 1615 Gray Fox, appeared as President of the
East Lynwood residents organization. They are concerned about
the area in which they live. He criticized these businesses
for coming forward now when they have had sixteen years to
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Item 7h Cont'd
address it, but they haven' t. In 1973 , Red Fox was the street
in East Lynwood identified to connect to Maurine Street when
it was extended. Pleasant View Drive would be the point of
intersection to Highway 240. He noted the advantages of
access in this area. As far as he knows, no comments have
been made, nor documentation presented by anyone other than
from the residents of East Lynwood.
Mr. Esther requested funding to connect Red Fox to
Maurine Street.
Mr. Esther explained that Option Two will not be cheaper,
stating it is in the 1964-1985 plan for construction of
Pleasant View Road. The City already owns this property.
This would provide them quick emergency access. Four mayors
and three city managers have seen this alignment as in the
best interest of the City. A straight line of Option One is
less costly than Option Two, but either option would serve the
citizens of Lynwood East.
Allen Palmatary stated he has owned a business on
Sheppard Access Road for twenty-eight years. He favored
Option Two.
Councilor Lam commented that it is unreasonable to hold
someone to a plan sixteen years later. Councilor Buffum noted
that it seems one of the sources of irritation is the way Red
Fox is tied in. Mr. Bonnett stated that Option Two may be a
little more expensive, but not enough to color their thinking.
There would be a significant difference in cost to extend New
Haven Road.
Mr. Berzina explained that they cannot establish value on
relocation until they get into it. The State has included
some money for that in Option One. Once we go East of
Sheppard Access Road we are on our own. The State will not
participate in something less than a state-approved road.
They will not cost share in Option Two. We will carry the
heavy load. The right-of-way in Option Two will be our cost.
He recommended we purchase the right-of-way if they go with
Option Two.
Councilor Thompson noted that Option One is the safest
configuration, and we have to be concerned about safety, as
well as the economic impact.
Mayor Goolsby expressed three concerns, namely, East
Lynwood access, Mr. Ruddy' s business, and cost. He requested
the City Manager to begin looking at Red Fox.
The motion for passage of Item 7h carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
RESOLUTION NO. 162-89
RESOLUTION SELECTING OPTION II FOR THE MAURINE
STREET REQUIREMENT
Moved by Councilor Lam that Resolution No. 162-89 (Option
Two) be passed.
Motion seconded by Councilor Kirkham, and carried by the
following vote.
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Item 7h Cont'd
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Councilor Thompson requested the City Manager to bring
back plans within two months for development and acquisition
for Red Fox, and use monies in reserve for this project.
The City Council recessed at 12: 30 P.M. , and reconvened
at 1 : 31 P.M.
Item 7i
A proposed resolution was presented determining necessity
for acquisition of drainage easements for Phase Two of the
Holliday Creek project. A motion was made by Councilor Lam,
and seconded by Councilor Kirkham, for its passage.
City Engineer Bill Parker explained that this drainage
facility will handle the flow off 24th Street. It will
correct the flooding problems.
Jessie Payne stated that he owns this property. He had
it leased to Mr. Patterson for fifteen years at $400 per
month. He discussed this lease and use of the land.
The Council expressed concern about getting involved in a
private matter.
The motion for passage of the resolution failed by the
following vote.
Ayes: None
Nays: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Item 7j
RESOLUTION NO. 163-89
RESOLUTION DECLARING A VACANCY IN DISTRICT 3 CITY
COUNCIL POSITION
Moved by Councilor Thompson that Resolution No. 163-89 be
passed.
Motion seconded by Councilor Buffum, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 8a
RESOLUTION NO. 164-89
RESOLUTION TO AWARD BID TO MERIT ENGINEERING AND
CONSTRUCTION, INC. FOR PAINTING AND GENERAL REPAIRS
AT THE JASPER STREET WATER TREATMENT PLANT AND
PAINTING AT THE LAKE ARROWHEAD PUMP STATION
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330
Item 8a Cont'd
Moved by Councilor Thompson that Resolution No. 164-89 be
passed.
Motion seconded by Councilor Farabee.
Tommy Hammond, No. 3 Bosque Circle, explained the
confusion in the bid process. He stated that a lot of time he
does not receive pre-solicitation notices about jobs coming
up. He suggested that all regular contractors be sent a card
in advance of bids coming up. It was explained that Dodge
Reports receives this information.
x. The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 8b
RESOLUTION NO. 165-89
AWARD OF BID TO SUR-FLO UTILITIES, INC. FOR THE CDBG
WOLCOTT STREET RECONSTRUCTION PROJECT
Moved by Councilor Thompson that Resolution No. 165-89 be
passed.
Motion seconded by Councilor Buffum.
Ronald Timmins protested the award to Sur-Flo because
they did not make a copy of the bid. Mr. Parker explained
that they do not have to turn in two copies, although they
prefer a duplicate copy.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
Item 8c
A proposed resolution was presented to award bid to
Don Carter Industrial Coatings, Inc. , for painting of ground
and elevated water storage tanks and miscellaneous other
facilities. A motion was made by Councilor Farabee, and
seconded by Councilor Kirkham, for its passage.
Bobby Joe Mann, Attorney for the contractor in Mineral
Wells, suggested that the addenda sent out was confusing. Of
seven bids, Corrosion Eliminators ' bid was $39,366 cheaper.
City Attorney Gregory Humbach explained that this matter
has been discussed, and the Council has the authority to waive
informalities, and award the bid to the lowest responsible
bidder. Where he and Mr. Mann differ is what an informality
is. The problem is, they added a requirement to sign and send
in the addendum. In this case, this was a physical supplying
of Addendum No. 2. He believes this moved it from a normal
informality to a fatality.
Councilor Lam asked the City Attorney if he would agree
that the wording indicated that it was for someone who had
already submitted a bid? Mr. Humbach replied that it must be
331
Item 8c Cont'd
submitted in order to have a valid bid. His opinion did not
change on the fatal language. He is satisfied beyond any
reasonable doubt that it is not something they can waive.
Mayor Goolsby noted that they are interested in saving
the citizens ' money, but it seems the addendum should have
been sent.
Mr. Mann believed that there is no difference in waiving
a photo copy and this addendum. He requested that the Council
consider the spirit of allowing people to bid, and not take it
away from them.
Tommy Hammond appeared, stating that he personally feels
it is an informality. If it is a problem, the best course may -
be to reject all bids, and re-bid it. The precedent has
already been set when they threw out the bids for Lucy Park.
Mr. Mann stated it would be vastly unjust to award this
bid with this ambiguity in it.
Councilor Buffum mentioned a reference on Don Carter on
his ability to do the job. Mr. Bonnett explained that the
firm in question in Plano was a sub-contractor, who is no
longer in business. They have never had a contract with
Don Carter; they had a contract with the Prime.
The motion for passage of the proposed resolution failed
by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, and Buffum
Nays: Councilors Lam, Thompson, and Kirkham
Mr. Bonnett explained that they are working with budget
monies, which can be re-appropriated by the Council from the
equity fund. The re-bid could be awarded at the first meeting
in November.
Moved by Councilor Buffum that the project be re-bid.
Motion seconded by Councilor Thompson, and carried by the
following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, and Buffum
Nays: Councilor Kirkham
Item 9a
Tommy Hammond, No. 3 Bosque Circle, appeared regarding
the library architect. He stated there was no opportunity for
anyone to appear. He also stated there were two people who
wanted to speak. He would like for a Wichita Falls architect
to be the captain of the team. There are only two contractorssN
in this county who can bond a project of this size. You will
have people from out of town bidding their jobs, and they will
bring their sub-contractors. There may be a problem with the
bond issue. He suggested another public meeting to allow some
comment. Three Council members were on this committee. They
only have to swing one vote to get what they want. He favored
the library. He stated a majority of the contractors in the
City are not happy with it.
Councilor Buffum noted that the composition of the
committee was chosen by the Council. It is not unusual to
have three Council members on a committee. Mayor Goolsby
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332
Item 9a Cont'd
explained that public input can be made when the contract is
brought to the Council for consideration. Councilor Buffum
commented on the procedure.
Mr. Berzina addressed the architect selection process.
Historically this is done by the staff. It seemed that doing
it this way presented an opportunity for wider view from the
public. The contract has been authorized to be signed. It is
not marked to come back here for further action.
Councilor Buffum expressed hope that we are not going
toward non-cooperation between groups, that if we don' t have a
local contractor we will not support the library.
Councilor Thompson stated that the only reason he voted
for it was the possibility of carrying a bond issue. He would
much rather have had a local architect.
Mrs. Ozuna addressed the Council about being bitten by a
dog while protecting a city employee. She stated she does not
know which way she is going to go with the lawsuit. She
stated that the dog belongs to her children. The dog was in
the back yard in another pen on a chain about sixteen feet
long, with the gate open.
Item 9b
Councilor Lam noted the report on Mr. Maxwell's garage.
He also requested that an ordinance be started on separation
of two boards in Building Inspection.
Councilor Farabee asked that they form a unified front on
the library architect. Everyone needs to know why this
particular decision was made.
Councilor Kirkham commented that he was under the
impression that they would be getting a look at the library
architect contract before it is signed. Each member will be
able to review it.
Mayor Goolsby asked about water from the Cypress Street
water plant being turned loose on Johnson Road. Mr. Bonnett
explained that there are no storm sewers in that area, and
there is no other place for the water to go.
Mayor Goolsby mentioned information on city employee
benefits. He requested Mr. Berzina to proceed with sharing
that information.
Mr. Berzina explained that the City has two plans; three
with social security. The TMRS plan covers all city employees
except the Fire Department. There is a local board that looks
at and administers the Firemens ' pension plan. The TMRS plan
is administered in Austin. Police officers contribute seven
percent of their salary, and other employees (except Fire)
contribute five percent. Each percentage is matched by the
City two-to-one.
About five or six years ago the City was sitting at
twenty percent service credits. It was considerably low. The
Council looked at it and agreed to take it up to fifty percent
service credits within five years. There was not much said
about taking it farther. A lot of these cities went to one
333
Item 9b Cont'd
hundred percent when it was still relatively inexpensive. We
are looking at some requests of employee groups to look at
additional benefits. It is a plan that has a lot of
variables, such as age of spouse, breaks in service, etc. He
requested Personnel Officer Jan Stricklin to walk through the
retirement plans, and overall costs.
Mrs. Stricklin discussed the retirement benefits, stating
that in 1983 , the City Council developed a plan to improve
police officers and non-civil service employees retirement
benefits, starting January 1, 1984. At that time, the
previous retirement benefits had not been improved since 1963 .
This plan moved updated service credits from twenty to fifty
percent in a four-year period. Twenty-year vesting was also
adopted. Current retirees monthly income was also increased.
Adoption of this plan increased the City' s cost from
approximately $700,000 annually to $1,548 ,697 annually during
this four-year period.
Mrs. Stricklin highlighted retirement benefits for
various categories of city employees. She also noted that the
contribution made by Firemen, and the City, is nine percent of
their salary. Future monthly retirement income for Firemen is
based on their final average salary and number of years of
service in the Department. They are covered under the
Firemen' s Relief and Retirement Fund.
Mrs. Stricklin also noted that on August 23 , 1989,
the Police Chief and Personnel Director met with members of
the Police Association to discuss the Association' s requests
for improvements in the Police Department. They requested the
following.
a. 100% updated service credits.
b. 10-year vesting.
C. Retirement at any age with 25 years of service.
d. Supplemental death benefits.
e. 70% increased retiree benefits.
f. City' s contribution to continue matching
2 to 1.
g. Increase police manning by 22 additional
officers.
The cost of this request is $1,993 , 643 over and above the
City' s approved 1989-90 budget. This would result in an
8. 63 cent tax increase. The cost of 100 percent updated
service credits alone would be $474,417, which would result in
a 2. 05 cent tax increase. She noted that the salary of police
officers has increased 436 percent since 1969, compounded to
an average annual increase of 7. 6 percent.
Mrs. Stricklin noted that with ten-year vesting, an
employee can leave their money in the retirement program, and
when they reach age 50 they can start receiving a retirement
from the City. There is a great advantage to all employees to
have the City' s match of funds after ten years.
Mayor Goolsby stated that certain Council members
requested a committee to study employee benefits. He would
like an item on the next agenda for appointing this task
force.
Item 9c
Mr. Berzina explained that they decided to get
Mr. Humbach caught up to date on our bid process. They are
working up a bid fair, and looking at November or December for
that report. He will continue to update the Council on this.
Mr. Berzina also noted a conference on October 10 at
Nortex, pertaining to solid waste, recycling, etc.
334
Item 9c Cont'd
Mr. Berzina stated that a letter had been sent to
residents of the newly annexed area. Annexation becomes
effective October 7, 1989. Information is given in the letter
on services.
Mr. Berzina explained that he had been approached
concerning our interest in supporting Proposition No. 8 on the
November ballot. This deals with bonds to be used for
building prisons, etc. He will prepare a resolution for the
next meeting.
Mr. Berzina reported that the most that sales tax can be
raised is one cent. If the County raises it one-half cent,
the City can only increase one-half cent. There is another
option, and he plans to visit with the BCI to get facts and
figures on it.
Jack Murphy reported that ground breaking on the Falls to
O'Reilly Park trail will be October 4, at 10 : 00 A.M.
Louise Houseworth handed out information on the
architectural contract for the library. The two architectural
firms submitted standard AIA contracts. They developed a
proposed contract, and sent it to the two firms. They have
been reviewing it with their attorneys. The City will be
trying to negotiate the contract over the next week or two.
The Planning Committee meeting has been cancelled, and will be
re-set as soon as they have a signed contract for them.
Mr. Berzina handed out a report on the garage situation.
Item 9d
The City Council recessed into executive session at
4: 05 P.M. , according to Article 6252-17, Section 2, Paragraphs
(e) and (g) of the Revised Civil Statutes. They reconvened at
5 : 25 P.M.
Item 9e
Moved by Councilor Kirkham that Jane Hough and
John T. Stamps be appointed to the MHMR Board of Trustees for
terms to expire August 31, 1991.
Motion seconded by Councilor Buffum, and carried
unanimously.
Item 9f
Moved by Councilor Kirkham that Joseph Ragan be appointed
to the MHMR Public Responsibility Committee for a term to
expire August 31, 1991 , and that Louise Hunter be appointed
for a term to expire August 31, 1990.
Motion seconded by Councilor Thompson, and carried
unanimously.
335
Item 9g
Moved by Councilor Kirkham that the following be
appointed to the Mayor' s Commission on the Status of Women,
for terms expiring September 30, 1991.
a. Michaelle Kitchen e. Roberta Berry
b. Kathryn Fisher f. Patricia Daughtery
c. Ranette Halverson g. Brenda Andrews
d. Carol Burns
Motion seconded by Councilor Farabee, and carried
unanimously.
Item 9h
RESOLUTION NO. 166-89
RESOLUTION FILLING A VACANCY IN DISTRICT 3 CITY
COUNCIL POSITION
Moved by Councilor Thompson that Resolution No. 166-89 be
amended to correct the position of at-large to District 3 .
Motion seconded by Councilor Farabee, and carried
unanimously.
Moved by Councilor Lam that Resolution No. 166-89 be
passed, appointing Bill Palmer for the remaining term in
District Three.
Motion seconded by Councilor Buffum.
The Council agreed that because of Mr. Palmer' s past
experience, he will be able to step in and be effective
immediately.
The motion carried by the following vote.
Ayes: Mayor Goolsby, Councilors Farabee, Lam,
Thompson, Buffum, and Kirkham
Nays: None
The City Council adjourned at 5:35 P.M.
PASSED AND APPROVED this the day of
1989.
Perry Go lsby, Mayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk