Min 08/07/1990 i
519
Wichita Falls, Texas
Municipal Auditorium Building
August 7, 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 -
Angus Thompson -
Paul Hughes - Councilors
J. W. Martin -
Jim Berzina City Manager
Gregory D. Humbach City Attorney
Wilma J. Thomas City Clerk
Charles Thomas Absent
Don Kirkham Absent
The invocation was given by Anthony Levell, West Side
Baptist Church, with a special prayer for Councilor Thomas,
who is ill, and for Councilor Kirkham, who has had a death
in his family.
Item 3
Mary Schmitz, a Police Department employee, was honored
as Employee of the Month for August. Mayor Lam presented
her with a plaque, City of Wichita Falls pin, and two
tickets each to a theatre, and dinner at Luby' s Cafeteria.
Mayor Lam presented a proclamation to Auxiliary No. 192
of the National Association of Letter Carriers.
Item 4
Moved by Councilor Farabee that minutes of the meetings
held July 17 and 23 , 1990, be approved.
Motion seconded by Councilor Thompson, and carried
unanimously.
Items 5a-7g
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, Thompson, Hughes,
and Martin
Nays: None
Item 5a
The bid for an estimated annual linen service
requirement was awarded to Flake Industrial Service in the
amount of $10,593 . 96.
520
Item 5b
RESOLUTION NO. 135-90
RESOLUTION TO AWARD BID TO MID-CONTINENTAL
SERVICES FOR ANNUAL SUPPLY OF POLYMER FOR WATER
TREATMENT
Item 6a
RESOLUTION NO. 136-90
RESOLUTION TO ACCEPT THE CDBG HANDICAP ACCESS
PROJECT AND AUTHORIZE FINAL PAYMENT TO B.D. HAYNES
CONSTRUCTION COMPANY
Item 6b
RESOLUTION NO. 137-90
RESOLUTION TO ACCEPT HOLLIDAY CREEK PHASE III
UTILITY LINE ADJUSTMENT PROJECT AS COMPLETE AND
AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT
Item 7
Minutes of the meetings of the following boards and
commissions were received.
a. Traffic Safety Commission - May 2, 1990.
b. Plumbing and Mechanical Board of Adjustments and
Appeals - June 5, 1990.
c. Planning and Zoning Commission - July 11 , 1990.
d. Employee Benefits Trust - July 20, 1990.
e. Water Resources Commission - July 20 , 1990.
f. Park Board - July 26, 1990.
g. Traffic Safety Commission - June 6 , 1990.
Item 8a
The public hearing was opened approving the final
statement of community development objectives and use of
funds under the Housing and Community Development Act of
1974 . No one desired to be heard.
Councilor Farabee stated that it has been brought to
his attention that there is only a certain percentage
available for the contract with Child Care, Inc. , at Martin
Luther King Center. Mr. Henderson explained that public
services are allowed only fifteen percent of the total grant
amount. Councilor Farabee explained that if they cannot
provide these services with the monies they have, they will
have to cut services somewhere. Mr. Berzina stated that the
only options we have are to reallocate the available funds,
or find it somewhere else. Councilor Hughes noted that this
discussion came up under discussions with outside agencies.
The recommendation of this committee was to provide some
funding from the general fund. Miss Houseworth explained
that they received $8,550 last year. Our funds are less
this year, and the requests have grown, so there is a
problem.
Councilor Thompson inquired about the number of
structures demolished last year. Mr. McKinney stated it was
about forty, and we only demolish those that the owner
cannot take care of. It costs $1,200 - $1,500 for each
demolition.
521
Item 8a
RESOLUTION NO. 138-90
RESOLUTION APPROVING THE FINAL STATEMENT OF
COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE
OF FUNDS UNDER THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1973 , AS AMENDED, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE 1990-
1991 FISCAL YEAR GRANT AGREEMENT
Moved by Councilor Martin that Resolution No. 138-90 be
passed.
Motion seconded by Councilor Thompson, and carried by
the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
and Martin.
Nays: None
Item 9a
ORDINANCE NO. 50-90
ORDINANCE NAMING REPLACEMENT JUDGE AND ALTERNATE
JUDGE FOR AUGUST 11 , 1990, CITY ELECTION
Moved by Councilor Thompson that Ordinance No. 50-90 be
passed.
Motion seconded by Councilor Farabee, and carried by
the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
and Martin
Nays: None
Item 9b
ORDINANCE NO. 51-90
ORDINANCE WAIVING SECTION 18-49 OF THE CODE OF
ORDINANCES TO WAIVE THE ASSESSMENT OF INVOICES FOR
MOWING COSTS ON PROPERTY LOCATED AT 1003 , 1005 AND
1009 PECAN STREET.
Moved by Councilor Martin that Ordinance No. 51-90 be
passed.
Motion seconded by Councilor Farabee.
Councilor Hughes inquired if there was an offer of
compromise that they have not been made aware of? Mr.
Berzina explained that the City mowed it, along with the
citizen. Part of the process is that we were charging a
$50. 00 administrative fee. We offered to waive the
administrative fee, but the property owner declined the
offer. He further stated that he believed the staff did
work very closely with the citizen. They learned after the
last meeting that the person the citizen was talking about
was the contractor that the City hired to mow the lot, and
not the department concerned. He believes our people bent
over backwards to work with him. Several of our people met
with him.
522
Item 9b, cont'd.
Councilor Martin mentioned the miscommunication,
stating if the persons would call the City and tell them it
has been mowed, then that would help solve these problems.
Only three lots were mowed.
Jim King, Code Enforcement, explained that they have
worked this problem since the last council meeting. From
what they can determine, Dr. Barrington did mow two lots on
Dove. There were three lots behind this on Pecan Street
that were not mowed. They mow approximately 1,000 lots a
year. He does not believe the three lots on Pecan were
mowed. He believes they have followed correct procedures.
At no time did Mr. Barrington call him, nor speak with him,
but he did speak with a member of his staff. He stated that
he has no problem voiding the invoice.
Councilor Martin explained that they are trying to
correct something that we do not want to happen again. He
believes the staff is doing a good job. Mayor Lam agreed.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, and
Martin
Nays: Councilor Hughes
Item 9c
ORDINANCE NO. 52-90
ORDINANCE WAIVING SECTIONS 22-1(A) ( 2) , 22-1(A) (5) ,
22-1(A) (8) , 22-1(A) ( 9) , 22-3 AND 22-4 OF THE CODE
OF ORDINANCES FOR THE RED RIVER CHILI CHAMPIONSHIP
IN JAYCEE PARK ON SEPTEMBER 6-9, 1990.
Moved by Councilor Hughes that Ordinance No. 52-90 be
passed.
Motion seconded by Councilor Farabee, and carried by
the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
and Martin
Nays: None
Item 9d
ORDINANCE NO. 53-90
ORDINANCE WAIVING SECTION 22-1(A) ( 2) , SECTION 22-
l(A) ( 9) AND SECTION 22-4 OF THE CODE OF ORDINANCES
TO PERMIT VEHICLES UPON THE GRASS, THE POSTING OF
ADVERTISING SIGNS AND THE POSSESSION AND v
CONSUMPTION OF BEER, IN JAYCEE PARK ON OCTOBER 13 ,
1990.
Moved by Councilor Hughes that Ordinance No. 53-90 be
passed.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
and Martin.
Nays: None
523
Item 9e
ORDINANCE NO. 54-90
ORDINANCE WAIVING SECTION 22-1(A) ( 2) , SECTION 22-
l(A) (9) , AND SECTION 22-4 OF THE CODE OF
ORDINANCES TO PERMIT VEHICLES ON THE GRASS, SALE
OF FOOD AND DRINK, SIGNS, AND THE SALE,
POSSESSION, AND CONSUMPTION OF BEER DURING AN
OCTOBERFEST EVENT 30 SEPTEMBER 1990 IN LUCY PARK.
Moved by Councilor Martin that Ordinance No. 54-90 be
passed.
Motion seconded by Councilor Hughes.
i
Councilor Martin noted that this is an opportunity for
a cultural exchange between this city and Furs tenfeldbruck,
with their official band being presented.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
and Martin
Nays: None
Item 10a
RESOLUTION NO. 139-90
RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING
FIRM OF BIGGS & MATHEWS, INC. FOR ENGINEERING
SERVICES RELATED TO PHASE I NORTH DRAINAGE BASIN
SANITARY SEWER IMPROVEMENTS PROJECT
Moved by Councilor Hughes that Resolution No. 139-90 be
passed.
Motion seconded by Councilor Martin.
Mr. Gross explained how this affects the city and
Sheppard Air Force Base.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
and Martin
Nays: None
Item lla
RESOLUTION NO. 140-90
RESOLUTION TO AWARD CONTRACT TO POTEET, INC. FOR
MODIFICATIONS OF SANITARY SEWER LIFT STATION
Moved by Councilor Farabee that Resolution No. 140-90
be passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes,
and Martin
Nays: None
524
Item 12a
Moved by Councilor Thompson that a special council
meeting be held on August 14, 1990, at 8 : 30 o'clock a.m. , to
canvass results of special city election to be held on
August 11, 1990.
Motion seconded by Councilor Hughes, and carried
unanimously.
Item 12b
John Gibson, 4507 Barbados, asked for clarification of
information on the items to be voted on at the city election
to be held August 11, 1990. He asked what the cost to the
City will be if the retirement benefit package is passed.
Mr. Berzina explained that the retirement package cost,
within a few dollars, is $350,000 each year. If there are
no retirements within a given year, it could go down; if
there are a lot of retirements, it could go up. It is based
on actuarial figures. The rate does change, but it is
usually not large changes. Mayor Lam mentioned that the
actuarial exposure may go up five to eight million dollars
over a 25-year period. Mr. Berzina explained that this city
owes five million, due over a 25-year period. Most package
plans have an unfunded liability.
Mr. Gibson stated that he read or heard somewhere that
there are rainy day funds available to take care of this
situation. Mr. Berzina explained that we have in the
vicinity of $9, 500,000 in equity. It is no secret. It has
been discussed here and in newspapers. Bond counsel and
financial advisors tell us we should have a minimum of three
months funds to take care of operating expenses until
revenue from taxes comes in. We make interest on that
money, and we spend the interest money every year. Funds
for three months take six to seven million dollars. We have
approximately two million dollars for projects. They
believe this money should be spent on McGrath Creek. If
this money is used for benefits, you do not have it next
year to fund these things.
Mr. Gibson asked about a study made to determine if the
retirement plan was adequate. Mr. Berzina explained that
the committee reported that two areas of improvement could
be made. One was ten-year vesting. They felt twenty years
was too long. They also felt we were weak on death
benefits. They concluded our retirement plan was
sufficient, when you add social security on top of that.
The retirement plan they studied was for all city employees,
excluding the Fire Department, who have their own plan.
Councilor Martin commented that on vesting, you have to
calculate people leaving before they are vested.
Mr. Gibson asked if it is possible that a person could
retire at a salary greater than what they presently earn.
Jan Stricklin, Personnel Officer, stated the study
showed that eligible employees would range from thirty-six
percent to sixty percent of current salary. This same group
would retire at one hundred percent of the exact current
salary rate, up to one hundred thirty-five percent of that
current rate at the time of retirement, if this is approved
by the voters. Texas Municipal Retirement actuarial studies
always project a three percent increase. If an increase was
not given for all the years they were accruing, it would
have an effect. They take a look at the last three years
salary, and take the best of those three years. Texas
Municipal Retirement System does not affect Social Security
in any way.
525
Item 12b, cont'd.
Mr. Gibson asked how many officers are anticipated to
be hired over the next three years. Mr. Berzina stated that
in first calculations they believed the six drug officers
should be included. They started with 153 officers, and the
tactical unit brought us to 159 officers. We also have six
officers coming aboard which will be on the drug task force.
The petition calls for 165 officers by October 1, 1991, 175
by 1992 and 180 by 1993 . This grant money for these drug
task force officers could go away. We are funded locally at
159. To get to 180, we need twenty-one new officers. This
grant will not go on forever. They will have to be picked
up by the City of Wichita Falls. He further stated that the
total cost to the City, if we had six this time next year,
would be $290 ,000 every year. In 1992, it would be
$484,000, and in 1993 , it would be $242,000. Every year it
would cost $1,016,000.
Mr. Gibson asked how we relate in size to other police
departments in cities our size. Chief Harrelson stated we
are probably at the medium point. Councilor Hughes related
some statistics, according to the paper, of the number of
officers. Councilor Hughes also noted that the personnel
growth increase for the police department in the last five
years has been thirty-three. The total City increased by
thirty-nine during this same period. With the addition of
the community service officers in 1987, the numbers of
officers on the street has greatly increased since that
time.
Mr. Gibson asked what the total cost would be for the
next three years if both propositions were passed. Mr.
Berzina explained the retirement would be $350,000 each
year, the first year for staffing would be $290,000, the
second year would be $774,000 , and the third year would be
$1,016,000, for a total cost of about $3 , 130, 000. Mr.
Gibson asked who will pay for this if there are no rainy day
funds. Mr. Berzina explained it will come from new
revenues, or be instructed by the Council to take it from
somewhere else, or a combination of these. There is not
three million dollars setting in the existing budget to fund
this. He stated that new revenue, even if we started on a
fast growth pace, would not show up until 18-24 months
later.
Mr. Gibson asked if the only place this could be funded
is an increase in taxes. Mr. Berzina stated he would
recommend to the council that they raise taxes enough to pay
for it. He can go through the budget operation and show how
they have cut back. We are at the point where we cannot
stretch it very much. He would say to the City Council that
if this passes, taxes will have to be increased. Cutbacks
have been made since 1983 .
Mr. Gibson thanked the staff and Council for their
comments.
Item 12c
Councilor Martin noted complaints he had received
concerning the security situation at the library, and use of
the library restrooms by vagrants. Chief Harrelson
addressed this problem, stating we have no ordinance at this
time addressing this matter. He stated he had not personally
received any calls about it. There are problems that cannot
be addressed because no law has been violated. Discussion
continued on the possibility of a security officer being
assigned to that area.
526
Item 12c, cont'd.
Councilor Hughes pointed out that a Charter amendment
election is being held. If the Charter is amended, this
city will not be able to change it without another Charter
election, which may only be held every two years. If this
is mandated by the citizens, the Council will be behind it.
He urged people to get the facts and vote on August 11 to
have a mandate by a majority of the citizens.
Councilor Farabee also noted the non-binding questions
that would give the Council the direction to move forward on
the possibility of a bond issue to increase library
services, park improvements, and street and drainage
improvements.
Councilor Thompson noted concerns about lights on
Ridgeway bridge and Cottonwood Street, along with water in
underpass on Lincoln Street. He also asked for a report on
the cracks in pipes used in Holliday Creek, and how the
engineering firms are doing, and what the staff thinks about
their work. He also urged people to be aware of the cost
involved, and vote their conscience in the election.
Councilor Hughes noted the need for lights in Wood
Park.
Mayor Lam seconded what has been said about the
opportunity to vote, and urged every citizen to exercise
this right. He also urged the Council to study the budget
information in advance of the hearings.
Mr. Berzina read a statement which he would like to
have published in the paper, stating if we are to encourage
people to vote, we have the responsibility to inform them of
the cost. The Council directed him to do so. He also noted
that budget hearings will begin on August 21.
Item 12e
The City Council recessed into executive session at
10: 13 a.m. , according to Article 6252-17, Section 2 ,
Paragraph (g) , of the Revised Civil Statutes of Texas. The
meeting reconvened at 11: 10 a.m.
Item 12f
Moved by Councilor Martin that Elaine Purcell be
appointed to the Human Relations Commission (replacing Mona
Bawgus) , for a term to expire December 31, 1991.
Motion seconded by Councilor Thompson, and carried
unanimously.
Item 12g
Moved by Councilor Martin that Michael Brown and Linda
Gholson be appointed to the Commission for Disabilities, for
terms to expire December 31, 1991 (replacing Judy Golden and
Marilou Wright) .
Motion seconded by Councilor Hughes, and carried
unanimously.
i
527
Item 12h
Moved by Councilor Martin that Rodd Womble be appointed
to the Clean Community Commission (replacing Gary Cardwell) ,
for a term to expire December 31, 1990.
Motion seconded by Councilor Hughes, and carried
unanimously.
Item 12i
Moved by Councilor Martin that Bobbie Jones be
appointed to the Mayor' s Commission on the Status of Women
(replacing Roberta Berry) , for a term to expire December 31,
1991.
Motion seconded by Councilor Thompson, and carried
unanimously.
Item 12j
Charles Thomas was appointed Council liaison to the
Board of Electrical Examiners.
The City Council adjourned at 11 : 13 a.m.
PASSED AND APPROVED this day of ,
1990.
Michael Lam, Mayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk