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Min 07/17/1990 508 Wichita Falls, Texas Memorial Auditorium Building July 17, 1990 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 - Charles Thomas - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Don Kirkham - James Berzina City Manager Jeanie Martin Asst. City Attorney Wilma J. Thomas City Clerk The invocation was given by Harley Davidson, Church of Christ at Loop 11. Proclamations were presented by Mayor Lam to Ronnie Awtry for Oil Bowl Week, and to Larry Blowers, Red Lobster, Jean Wakeman, Evan Woodard, and Barbara Hodges, for their contributions to the disabled, and the Commission on Disability. Item 3 Moved by Councilor Thompson that minutes of the meeting held July 3, 1990, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 4a-7a Item 5b was moved to the regular agenda. Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin and Kirkham. Nays: None Item 4a RESOLUTION NO. 123-90 RESOLUTION TO APPROVE CONTRACT WITH CORLETT, PROBST AND BOYD FOR 1990/91 BUDGET UTILITY IMPROVEMENTS PROJECT Item 4b RESOLUTION NO. 124-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR PHASE III OF THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Item 5a RESOLUTION NO. 125-90 RESOLUTION TO APPROVE AWARD OF BID FOR REFUSE CONTAINERS FOR USE BY THE SANITATION DEPARTMENT 509 Item 5c RESOLUTION NO. 126-90 RESOLUTION TO APPROVE THE AWARD OF BID FOR THE WEEKS PARK GOLF CART PATH PROJECT Item 5d RESOLUTION NO. 127-90 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE LANDFILL SOIL LINER VII Item 5e The contract for purchase of operating system software upgrade, which controls the City' s central computer system, was awarded to IBM Corporation in the amount of $22,801. Item 6 Minutes of the meetings of the following boards and commissions were received. a. Commission on Disability - July 2, 1990 b. Commission on Aging - June 6, 1990 c. Wichita Falls/Wichita County Public Health Board - June 15, 1990 d. Employee Benefits Trust - June 22, 1990 e. Kemp Public Library Advisory Board - June 26, 1990 f. Human Relations Commission - June 26, 1990 g. Park Board - June 28, 1990 Item 7a RESOLUTION NO. 128-90 RESOLUTION TO ACCEPT PROJECT TO INSTALL CONCRETE WORK AT WATER FACILITIES AND AUTHORIZE FINAL PAYMENT Item 5b RESOLUTION NO. 129-90 RESOLUTION TO AWARD BIDS TO VARIOUS VENDORS FOR ANNUAL SUPPLY OF CHEMICALS FOR WATER TREATMENT Moved by Councilor Hughes that Resolution No. 129-90 be passed. Motion seconded by Councilor Thompson. Councilor Farabee noted the wide disparity of unit prices. Mr. Bonnett stated that the low bid does not appear to be out of line, but he feels the high bids are, and it is a qualified bid. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin and Kirkham Nays: None Item 8a A public hearing was opened on proposed Statement of Community Development Objectives and Use of Funds under the Housing and Community Development Act of 1974, as amended. 510 i Item 8a, Cont'd William Young, 1018 Widows Lane, asked how much money is allocated. Mr. Dockery explained that the total funding is $1 ,245,663. Mr. Henderson stated that the amount is based on an allocation formula by HUD, which in turn is based on various factors in the community. Mrs. Ozuna asked about funding for training to assist people in taking care of the property they live in. Mr. Henderson noted that at the present time, it is an ineligible activity under the HUD program. Councilor Kirkham noted that HUD is now assisting in showing these people some of their respon- sibilities in taking care of these properties. Mr. Henderson explained to Councilor Thompson that last year we took some money out of this fund for the Riverwalk, but do not expect to be using it this year. Mr. Berzina explained that they swapped this money for Red Fox Street construction. Mr. Henderson noted that a notice of final public hearing scheduled for August 21, will be published in the paper. An additional notice will be run after that, and funds will be requested from HUD. The public hearing was closed. Item 9a ORDINANCE NO. 43-90 ORDINANCE WAIVING SECTION 22-1 (a) (8) AND SECTION 22-1 (a)(9) OF THE CODE OF ORDINANCES GRANTING PERMISSION TO SELL FOOD AND DRINK ITEMS, PERMIT THE POSTING OF SIGNS, AND THE RESERVATION OF A PORTION OF HAMILTON PARK DURING THE ANIMAL FRIENDSHIP LEAGUE EVENT 6 OCTOBER 1990. Moved by Councilor Kirkham that Ordinance No. 43-90 be passed. Motion seconded by Councilor Farabee. Discussion was held on whether a Certificate of Insurance should be filed for this event. Mayor Lam suggested that the Park Board and City Attorney look at this matter, and give them a report on their findings. Pet licensing was also mentioned. The motion carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9b ORDINANCE NO. 44-90 AN ORDINANCE OF THE CITY OF WICHITA FALLS , TEXAS, CLOSING, VACATING, AND ABANDONING AN IRRIGATION CANAL EASEMENT IN PROPOSED LOT 1, BLOCK 2, J. M. CARSON SUBDIVISION, WICHITA FALLS, TEXAS; AUTHORIZING THE CON- VEYANCE OF THE EASEMENT CLOSED, ABANDONED, AND VACATED TO THE FEE 014NER: FINDING AND DETERMINING THE MEETING THAT THIS ORDINANCE WAS OPEN TO THE PUBLIC IN ACCORDANCE WITH THE LAW. Moved by Councilor Martin that Ordinance No. 44-90 be passed. Motion seconded by Councilor Hughes. Richard Boyd, of Corlett, Probst, and Boyd, represented Mr. Carson in this request to abandon the easement. He explained that it was granted in the 1920's or 30's for a stock tank. He understands this is a proposed location for an adult entertainment center. Councilor Kirkham noted it will be fairly close to the intersection of Maurine and Pleasant View Drive extension. Mr. McKinney stated this is a heavy commercial zoned area. Councilor Thompson expressed opposition to an adult entertainment center, but not to the closing of the easement. Mr. Humbach explained that the Council ' s decision to close the easement is discretionary, but he is confident that if Mr. Carson uses the legal pro- cedures, he could get it closed. If the Council closes it, the title would be cleared up for Mr. Carson. 511 Item 9b, Cont. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas , Hughes, and Martin Nays: Councilors Thompson and Kirkham Item 9c ORDINANCE NO. 45-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON RATHGEBER ROAD, LOTS 1 AND 2, BLOCK 1, SMITH ADDITION Moved by Councilor Farabee that Ordinance No. 45-90 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays : None Item 9d Two proposed ordinances were presented, one waiving curb and gutter on Sheppard Access Road and Pleasant View Drive, and one which would waive only the curb and gutter on Sheppard Access Road adjacent to the West line of Lot 1 , Block 2, J. M. Carson Subdivision. Moved by Councilor Hughes that the ordinance be passed, waiving the require- ment for curb and gutter along Sheppard Access Road and Pleasant View Drive. Motion seconded by Councilor Farabee. Richard Boyd again appeared on behalf of the owner, requesting that the curb and gutter be waived on both Sheppard Access Road and Pleasant View Drive. He noted no curb and gutter presently exist at this location. Mayor Lam presented the staff recommendation to allow only the waiver on Sheppard Access Road. Discussion followed on the two options, and reasons for requiring curb and gutter on Pleasant View Drive. The motion failed by the following vote. Ayes : None Nays: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham ORDINANCE NO. 46-90 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON SHEPPARD ACCESS ROAD ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 2, J. M. CARSON SUBDIVISION Moved by Councilor Kirkham that Ordinance No. 46-90 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thomas , Thompson, Hughes, Martin, and Kirkham Nays : None The City Council recessed at 9:38 a.m. , and reconvened at 9:50 a.m. 512 Item l0a RESOLUTION NO. 130-90 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE EXTENSION OF MAURINE, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thompson that Resolution No. 130-90 be passed. Motion seconded by Councilor Farabee. Councilor Martin inquired if this will involve the offset at this time, and Mr. Berzina stated that we will only go to Sheppard Access Road. It deals with rights-of-way at both East and West of Sheppard Access Road. . Mrs. Chasteen stated this will split a portion of Town and Country, but they will still have a nice piece of property left. The figures represent the appraised value. Mr. Berzina explained that this resolution authorizes them to make these offers. The Council still has the choice to not go through with it. Councilor Martin confirmed that we would be talking about two T-inter- sections. When that area develops, this could be a problem. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10b RESOLUTION NO. 131-90 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR AMBULANCE SERVICE TO WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS Moved by Councilor Kirkham that Resolution No. 131-90 be passed. Motion seconded by Councilor Farabee. Councilor Thomas noted that he has not seen a financial statement on this company, and does not know whether he would want to subsidize it. Mr. Harmon welcomed them to check with other cities. Mr. Berzina explained that other cities are paying high subsidies, or doing it themselves. There has been a conscious effort to transfer the cost to the users, and decrease the subsidy. The contractual provisions are studied by a committee consisting of all entities. They try to keep rates in line with what Medicare will pay. Mayor Lam abstained from voting on this item due to a possible conflict of interest. Councilor Thompson expressed hope that at some point the Council can discuss ambulance service. Councilor Thomas asked about alternate plans if Mr. Harmon decided to leave. Mr. Berzina explained that they have found out we could get ambulances here in about ten hours. There is a supplier in Fort Worth. The motion carried by the following vote. Ayes : Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Thomas Item l0a RESOLUTION NO. 132-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT 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. 513 Item 10c, Cont'd Moved by Councilor Thompson that Resolution No. 132-90 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays : None Item 10d RESOLUTION NO. 133-90 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMBULANCE LEASE AGREEMENT WITH LIFE LINE EMERGENCY MEDICAL SERVICES, INC. Moved by Councilor Kirkham that Resolution No. 133-90 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays : None Item Ila Jim Barrington appeared concerning code violation letters dated May 22, 1990. He stated that his property was mowed on May 26, 1990. He received three invoices on June 28, 1990, for mowing this property. He stated that he discussed this with Mr. Mills in Code Enforcement on this property. He emphasized that the prices are not the question, but it is the principle involved. He would like this corrected so that it does not happen again. Further discussion continued on how the City can be more responsive, and it was suggested that it would be helpful if the property owner could notify the City when they have mowed it so that it could be reinspected. Dr. Barrington stated he had not talked to the City Manager, but he had spoken with Mr. Dockery, and he had asked four times to meet with Code Enforcement, but he had not ever met with them. Mr. Berzina explained that he can see how the incident happened. The weeds probably grew back before the City's contractor got out there to mow it. He feels least good about the fact that he asked for a meeting and did not get it, and he will see to it that this does not happen again. Mayor Lam instructed the staff to place this matter on the next agenda for consideration of waiver of fees. Pauline Boutwell , 1013 Sunset Lane, noted the flooding on this street, stating the street needs to be widened. A list of names was presented to the City Manager requesting widening and drainage improvements. Mayor Lam instructed the staff to generate a report to the Council , and then set up a meeting with Mrs. Boutwell on what can be done, along with costs. Jan Howe, 4519 Prince Edward, requested an ordinance on street and on-site storm drainage in subdivisions. Jimmy Moses complained about a lot at 1205 3rd which needs mowing, and stated it is owned by the City. Mayor Lam asked the City Manager to get a report from Code Enforcement. 514 Item llb Councilor Kirkham noted that the residents on Sunset Lane do have a problem. He also thanked the Council and staff for the flowers sent to him while he was in the hospital . Councilor Hughes stated he enjoyed the retreat, and feels it will help him to be more productive. He also noted that he has mixed emotions about getting reports from the ambulance business. He feels this to be the job of the staff. Councilor Thomas agreed with Councilor Hughes, stating he hates to be in a position of approving something just before it expires. He also commented that we may need some regulations on getting weeds cut in the easements. Item llc Mr. Berzina handed out a taxicab report to the Council for their informa- tion. He also noted that he found the retreat to be very productive, stating a tremendous amount was accomplished. Sixteen goals that came out of the meeting were handed out. He will be working with the staff on the steps needed to accomplish these goals. Finance Director Fred Werner noted the special council meeting for Monday, July 23, 1990, to authorize bonds for the Water Development Board. Mr. Berzina called on Personnel Officer Jan Stricklin to address the costs of implementing the request of the Police Department. Mrs. Stricklin explained the requests of the police officers, stating if passed, it would be implemented on January 1 , 1991. It includes all full-time employees, excluding firemen, who have their own retirement system. Mrs. Stricklin explained that the cost is an annual cost to the general fund only, and is very conservative. Utility rates could possibly be increased to cover the water and sewer funds. Associated costs for the retirement benefits would result in a 1 .08 cent tax increase, and conservative associated costs for police staffing at base salary today, not including longevity required by State law, would result in a 2.56 cent tax increase for 1991 , a 2. 13 cent tax increase for 1992, and a 1 .06 cent tax increase for 1993, or a total of a 6.83 cent tax increase to the citizens. If salaries remain the same, longevity will increase each year, and supervisors are not included. Councilor Hughes pointed out that this will take away the right from the Council to set salaries and police personnel . It takes away the options of the Council . Step increases are not included, nor are water and sewer employees. We would be locked-in in adding police officers, no matter what our population figures are, and it takes it completely out of the hands of the Council and staff. Councilor Farabee asked if the Council could place this back on the ballot next year, and City Attorney Gregory Humbach stated that the charter could not be amended for three years. Mr. Berzina announced that Robert Powers will be leaving the City, to assume the City Manager position at Midlothian. He praised Mr. Powers for his work with the City of Wichita Falls. Item lld The City Council recessed into executive session at 11 :45 a.m. , according to Article 6252-17, Section 2, Paragraph (g) of the Revised Civil Statutes f Texas. The meeting reconvened at 1 :55 p.m. , with Councilor Thompson not in attendance. 515 Item lle ORDINANCE NO. 47-90 AN ORDINANCE OF THE CITY OF WICHITA FALLS APPOINTING A RECORDS MANAGEMENT OFFICER IN ACCORDANCE WITH TITLE 6, SUBCHAPTER B OF THE TEXAS LOCAL GOVERN- MENT CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance 47-90 be passed. Motion seconded by Councilor Hughes. Moved by Councilor Hughes that the ordinance be amended by inserting the City Clerk position, and deleting the words"or his or her designee" . Motion seconded by Councilor Martin, and carried by the following vote. Ayes : Mayor Lam, Councilors Farabee, Thomas, Hughes, Martin, and Kirkham Nays: None The motion for passage of the ordinance, as amended, carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Hughes , Martin, and Kirkham Nays : None Item llf Moved by Councilor Kirkham that the following be appointed to the Water Resources Commission. a. George Spires (replacing Curtis Smith) - term to expire 9-30-91 b. Jim Bryan (homebuilding industry) - term to expire 9-30-92 Motion seconded by Councilor Thomas, and carried unanimously. The City Council adjourned at 1 :58 p.m. PASSED AND APPROVED this z/ day of 1990. Michael Lam, M yor ATTEST: i ma o,as, CMC/AAE City Clerk