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Min 10/17/1989 i 344 Wichita Falls, Texas Memorial Auditorium Building October 17, 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 Bill Palmer Absent The invocation was given by W. L. Davis, Anderson Chapel AME Church. Mayor Goolsby presented a proclamation for Human Relations Week to Ray Hennigh and Leona Hancock. Mayor Goolsby announced that Councilor Palmer is out of the City, and he had previously informed them of these plans which were made several months ago. Item 3 Moved by Councilor Thompson that minutes of the meeting held October 3 , 1989, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 4a-6f Item 6c was moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Lam. Item 4a RESOLUTION NO. 174-89 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #1710-0010-0300 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None 345 Item 4b RESOLUTION NO. 175-89 RESOLUTION TO APPROVE U. S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR-CONTENT GAUGING STATIONS Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5a The bid for one mini van was awarded to George Davis Chevrolet, in the amount of $13 , 386. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5b The bid for eighteen light bar assemblies was awarded to Uniforms of Texas, in the amount of $12,722.76. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5c The bid for two 52,000 GVW truck tractors was awarded to R. L. Anderson International, Inc. , in the amount of $131,392. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5d The bid for one animal control truck body was awarded to Swab Wagon Company, in the amount of $6 ,810. 00. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5e The bid for a rubber-tired front end loader was awarded to Agricultural Supply Company, in the amount of $70,579. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5f The bid for one 15,000 GVW cab and chassis was awarded to R. L. Anderson International, Inc. , in the amount of $21,854. 88 i 346 Item 5f Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5g The bid for eighteen police patrol cars was awarded to George Davis Chevrolet, in the amount of $240 ,154. 74. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 5h The bid for three, one-half ton pickups, was awarded to George Davis Chevrolet, in the amount of $34 , 327. 40. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 6 Minutes of the meetings of the following boards and commissions were received. a. Building Board of Adjustment and Appeals - July 20, 1989 b. Landmark Commission - September 21 , 1989 d. Park Board - September 28, 1989 e. Civil Service Commission - September 28, 1989 f. Commission on Disability - October 2, 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 6c Moved by Councilor Buffum that minutes of the meeting of the Arts Commission, held September 27, 1989 , be received. Motion seconded by Councilor Kirkham. Councilor Buffum requested clarification of attendance. Miss Houseworth noted that some of these people in attendance were making presentations. Councilor Buffum asked if it is a conflict of interest for the members to vote on matters pertaining to themselves. City Attorney Gregory Humbach stated that this is an advisory commission and did not see a problem in the way they voted. Councilor Kirkham suggested that perhaps the committee members did not know who would be eligible for funds under this commission. He requested a list of these organizations during the budget process. Councilor Buffum agreed that the Council should have some idea of who will be requesting funds through the Arts Commission. The motion carried unanimously. 347 Item 7a ORDINANCE NO. 74-89 ORDINANCE AMENDING SECTION 24-22 OF THE CODE OF ORDINANCES TO PROVIDE PUBLIC DISCLOSURE OF THE FRONT PAGE OF LAW ENFORCEMENT OFFENSE REPORTS AT A COST OF ONE ( $1 . 00) DOLLAR Moved by Councilor Thompson that Ordinance No. 74-89 be passed. Motion seconded by Councilor Buffum. Miss Houseworth explained that the City' s revenue would be reduced from $26 ,000 to $6, 500. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 7b ORDINANCE NO. 75-89 ORDINANCE REPEALING SECTION 24-8 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS IN ORDER TO ACHIEVE COMPLIANCE WITH STATE LAW PROHIBITION OF FIREARM REGISTRATION BY CITIES Moved by Councilor Kirkham that Ordinance No. 75-89 be passed. Motion seconded by Councilor Buffum. Councilor Buffum clarified that we are only complying with state law in this matter. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 8a RESOLUTION NO. 176-89 RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER AND THE ARTS COMMISSION TO ENTER INTO CONTRACTS WITH SUCH AGENCIES Moved by Councilor Buffum that Resolution No. 176-89 be passed. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None 348 Item 8b RESOLUTION NO. 177-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN EXPRESSWAY VILLAGE, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION z Moved by Councilor Thompson that Resolution No. 177-89 be passed. Motion seconded by Councilor Farabee. Mr. McKinney explained that somehow the easements were not previously shown on the final plans. Mr. Bonnett stated they have devised a method to prevent this from occurring again. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 8c RESOLUTION NO. 178-89 RESOLUTION TO APPROVE A STUDY AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WICHITA FALLS, TEXAS FOR THE PLUM CREEK FEASIBILITY STUDY Moved by Councilor Kirkham that Resolution No. 178-89 be passed. Motion seconded by Councilor Thompson. Councilor Buffum clarified that the wording in the contract is uniform in all contracts with the Corps of Engineers. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 9a RESOLUTION NO. 179-89 RESOLUTION TO AWARD BID FOR RELOCATION OF LAKE ARROWHEAD RAW WATER LINE AND SMALLER TREATED WATER LINES IN ANTICIPATION OF PHASE III OF HOLLIDAY CREEK FLOOD CONTROL PROJECT Moved by Councilor Buffum that Resolution No. 179-89 be passed. Motion seconded by Councilor Kirkham. Mr. Bonnett explained that the pipe has been ordered separately, in the amount of $78,000. We received a much better response on this re-bid, and will save from $250, 000 to $300,000. The motion carried by the following vote. 349 Item 9a Cont'd Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Buffum, and Kirkham Nays: None Item 9b Moved by Councilor Thompson that the bid for two, 72-inch rotary cut riding mowers, be awarded to Goldthwaites of Texas, in the amount of $19,956. Motion seconded by Councilor Farabee, and carried unanimously. Item 9c Moved by Councilor Farabee that the bid for two motorcycles be awarded to Eddie Hills Fun Cycles in the amount of $12,454 . Motion seconded by Councilor Buffum. Councilor Kirkham asked about the basic price of $6000 for a motorcycle, plus the equipment. Mr. Parker explained that they transfer the equipment from one motorcycle to another. He also stated that it costs more to operate a Harley than a Kawasaki. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Thompson, and Buffum Nays: Councilors Lam and Kirkham Item 9d Moved by Councilor Buffum that the bid for six, four-door sedans, be awarded to George Davis Chevrolet, in the amount of $70,779. 36. Motion seconded by Councilor Thompson. Jim Morris appeared representing Alpha Dodge, stating that for the last two years his company has had the low dollar bid. He questioned why bids were specified for a particular unit, stating they would like to bid on these vehicles. He stated they were given different reasons each of these years why their bid was not acceptable. Mr. Robert Parker stated their bid did not meet specifications and also addressed operating costs for all vehicles, stating they manually took the accident costs out this year. Councilor Lam asked if we had specifications that Dodge can' t meet, stating he had seen other government entities using these particular products. Councilor Lam pointed out that it is conceivable that we will receive higher bids in years to come if only a few companies can bid. The motion carried unanimously. Item 9e Moved by Councilor Thompson that the bid for six, three- quarter ton pickups, be awarded to George Davis Chevrolet, in the amount of $78,336. 12. i 350 Item 9e Cont'd Motion seconded by Councilor Buffum. Mr. Morris again objected to this bid award. The motion carried unanimously. Item 9f Moved by Councilor Kirkham that the bid for seven, one- ton pickups, be awarded to George Davis Chevrolet, in the amount of $87, 498 . 96. Motion seconded by Councilor Thompson. Mr. Morris objected to award of this bid. The motion carried unanimously. Item 9g Moved by Councilor Buffum that the bid for one 50,000 GVW truck cab and chassis be awarded to R. L. Anderson International, Inc. , in the amount of $45 ,778. 70. Motion seconded by Councilor Thompson, and carried unanimously. Item 9h Moved by Councilor Farabee that the bid for four 24 ,500 GVW truck cab and chassis be awarded to R. L. Anderson International, Inc. , in the amount of $113 ,260. 68 . Motion seconded by Councilor Thompson, and carried unanimously. The City Council recessed at 9 : 19 A.M. , and reconvened at 9:32 A.M. Item 10a Jan Stricklin presented the affirmative action report to the Council for the periods April through June, and July through September, 1989. She also presented the report on minority hiring by contractors who were awarded city contracts. Councilor Buffum asked who classifies the work force by job categories (race) ? Mrs. Stricklin explained that there is an EEO sheet attached to the application, which is not mandatory, but many of them complete the information. The same thing applies to handicapped. If they do not fill out the form, she has to classify them as white or non- handicapped. Councilor Thompson commended Mrs. Stricklin for her work thus far. Item 10b Mr. Berzina discussed creation of an employee benefit task force, stating this is being looked at because of the retirement benefits, etc. It is a very difficult set of figures because of the variables. He believes there is reason for the differences in the figures being presented by employee 351 Item 10b Cont'd groups and the City. If you use today' s retirement the figures will be different than looking at retirement for future years. He believes emphasis on pay checks or retirement plans needs to be looked at. Back in 1983 there was a paramount concern about the retirement system. They had twenty percent service credits, and it was moved up to fifty percent. The bottom line was that it made a pretty good retirement system. From 1963 to 1983 , the retirement system was not updated. Those starting to work from 1988 forward will have a pretty good system. The City matches these retirement dollars two to one. He noted in the morning paper that the Police Department will be asking the citizens to consider two different plans. Mayor Goolsby feels this matter is complicated enough w that we may need persons with expertise to serve on this task force. He stated there are three major items that contribute to the retirement program; one hundred percent updated service credits, the amount the employee puts in the system, and the ratio with which the City matches. We are probably in the bottom ten percent of those making contributions in the updated service credits. When you look at the other two categories, we are probably in the upper ten percent. He supports the idea of creating a task force composed of people who have some expertise, and who can research and evaluate it. He suggested a small task force. Councilor Thompson agreed to a small task force. Councilor Buffum envisions this as a long range plan, and he believes this Council is very sensitive to the desires and needs of city employees. A task force could clarify this. Councilor Lam supported the task force, stating it is essential that the Council and the public be properly informed. Councilor Kirkham stated he supports an independent task force. Mr. Berzina suggested that they prepare a resolution for the next meeting, setting out goals and objectives and also appoint members at that time. Councilor Kirkham requested that such a resolution be drafted to create the task force. Item 10c Ronald Brown, Jr. , appeared with his wife, Mary, concerning what he termed as unfair employment termination for himself in September. He and his wife explained his position. Mr. Berzina stated that he told Mr. and Mrs. Brown recently that he will look into it, and this material does not belong before the City Council. He is responsible for personnel, and it belongs on his desk, and that is the last place where it belongs. He further informed her that he will not call on the Council to respond because his desk is where it belongs. They do not get into these personnel issues. Councilor Thompson stated that he has faith that the City Manager will look into it. Councilor Buffum supported Mr. Berzina' s responsibility for personnel, stating he has confidence that he will look into the matter. William C. Young, 1018 Widows Lane, suggested that they include the tax rate and base in the task force study. He also requested more handicapped parking at the Activities Center. i 352 Item 10c Cont'd Kenneth Armstrong, CPA, spoke for Cecil Parker concerning 150 acres leased to the City for the landfill. He stated that a letter was received, telling them that the City is going to take another 40 acres into the landfill inside the fence line. The problem arose when the stock tank would be included. He requested that the City replace the tank they are taking away. They have spent $2100 for a tank to be dug. Mr. Parker only receives $1,799 per year on the lease. He requested reimbursement of the amount spent for this tank. Mayor Goolsby informed Mr. Armstrong that the City Attorney would evaluate the lease. Item 10d Councilor Thompson commented on the need to train and save our people. He also hopes the next affirmative action report will include ex-offenders. Councilor Kirkham mentioned a letter regarding a golf driving area in Jaycee Park. Mr. Murphy stated this is pretty much administrative. Mr. Berzina believes we should hold these to a bare minimum. One person can tie up a whole area. There are many driving ranges in town, and he considers this a recommendation that he will look at. Councilor Kirkham mentioned a water line at Loop 11 and Seymour Highway. Jack Murphy stated they will monitor it more carefully. Councilor Buffum asked if Jaycee Park is being looked at for long range planning of trails, etc. Jack Murphy mentioned shoreline development stating he will be coordinating this with Mr. Bonnett with Holliday Creek improvements. Mayor Goolsby commented that he had asked that the Park Board give us some evaluation of a golf driving range in Jaycee Park; however, Mr. Berzina also needs to have some input. Item 10e Mr. Berzina noted that the library architect contract has been signed. Jan Stricklin handed out information to the Council regarding the Commission on Disabilities doing a survey on voter registration and accessibility of polling places. No objections were expressed. Mayor Goolsby stated that the Council will be taking a trip to Austin for the purpose of getting a $21 million loan from the Water Development Board for improvements. Mr. Berzina explained there is a revolving fund there to allow them to submit a grant application. The improvements will provide for a cleaner effluent than what is now at Lake Arrowhead, and will save the rate payer something over $5 million. 353 Item 10f The City Council recessed into executive session at 10: 48 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 11 : 52 A.M. Item lOg Moved by Councilor Kirkham that Dr. Tom Curran be appointed to the MHMR Board of Trustees for a term to expire August 31 , 1991. Motion seconded by Councilor Buffum, and carried unanimously. Item 10h Moved by Councilor Kirkham that David Farabee be appointed as Council liaison to the Water Resources Commission. Motion seconded by Councilor Thompson, and carried unanimously. Item l0i Moved by Councilor Farabee that Don Kirkham be appointed to the Nortex 9-1-1 Board. Motion seconded by Councilor Thompson, and carried unanimously. Item 10j Mayor Goolsby stated that the Council had agreed that there will be an item on the next agenda to create an Employee Benefit Task Force, setting out the purpose, duties, responsibilities, etc. The Council would come prepared to make nominations to fill positions on that task force. Item 10k Moved by Councilor Kirkham that Michael Lam be appointed to the Economic Development Steering Committee. Motion seconded by Councilor Buffum, and carried unanimously. Item 101 Moved by Councilor Lam that Bill Palmer be appointed Council liaison to the Arts Commission. Motion seconded by Councilor Kirkham, and carried unanimously. Moved by Councilor Farabee that Angus Thompson be appointed Council liaison to the Library Planning Committee. Motion seconded by Councilor Kirkham, and carried unanimously. i I 354 Item 101 Cont'd Moved by Councilor Buffum that Bill Palmer be appointed Council liaison to the Board of Electrical Examiners. Motion seconded by Councilor Thompson, and carried unanimously. The City Council adjourned at 12 :02 P.M. PASSED AND APPROVED this the day of 1989 . i Perry G olsby, Mayoror ATTEST: ey Wilma J. Thomas, CMC/AAE City Clerk l