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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