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Min 02/19/1991 i 627 i Wichita Falls, Texas Memorial Auditorium Building February 19, 1991 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 - Paul Hughes - Councilors J. W. Martin - Don Kirkham - James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Kenneth Hurley, First Baptist Church. Item 3 Fire Captain Keith Morton was honored with a proclamation from Mayor Lam in recognition of the award he received from the Texas Commission on Fire Protection Personnel Standards and Education. He was one of eight training officers in the State to receive this award. Item 4 Moved by Councilor Hughes that minutes of the meeting held February 5 , 1991 , be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 5a-7d Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 5a RESOLUTION NO. 32-91 A RESOLUTION AUTHORIZING THE SALE OF BEER IN HAMILTON PARK ON MARCH 23 , 1991 DURING THE ANNUAL EASTER SEAL RUN 628 Item 6a RESOLUTION NO. 33-91 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE HOLLIDAY CREEK PHASE III STRUCTURAL REMOVAL PROJECT Item 7 Minutes of the meetings of the following boards and commissions were received. a. Civil Service Commission - January 22, 1991 . . b. Water Resources Commission - February 1, 1991 c. Commission on Disability - February 4, 1991 d. Human Relations Commission - January 22 , 1991 Item 8 ORDINANCE NO. 14-91 AN ORDINANCE WAIVING THE THREE HUNDRED FEET SEPARATION REQUIREMENT FROM A SCHOOL, FOR AN ALCOHOLIC BEVERAGE PERMIT FOR ON PREMISE CONSUMPTION AT 3612 KEMP BOULEVARD, WICHITA FALLS, TEXAS Moved by Councilor Hughes that Ordinance No. 14-91 be passed. Motion seconded by Councilor Martin. William C. Young, 1018 Widows Lane, spoke against this request because of the closeness to the school. Daniel Young, owner of Peking Chinese Restaurant at 3612 Kemp, requested a waiver of the distance requirement, stating that business is down, and he would like to stay here longer. Councilor Thomas asked about measurements, and Mr. McKinney explained that it is from the front door of the restaurant to the property line. He further stated that should this waiver be approved, he will still be required to go through the conditional use procedure from the Planning and Zoning Commission. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Hughes, Martin, and Kirkham Nays: Councilors Thomas and Thompson r Item 9a Moved by Councilor Kirkham that this item be tabled until after the executive session. Motion seconded by Councilor Martin, and carried unanimously. 629 Item 9b RESOLUTION NO. 34-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MATHIS, WEST, HUFFINES & CO. , P.C. / REED-STOWE AND COMPANY FOR THE PURPOSE OF CONDUCTING A RATE ANALYSIS OF THE LONE STAR GAS COMPANY LOCAL RATE CASE Moved by Councilor Farabee that Resolution No. 34-91 be passed. Motion seconded by Councilor Thompson. William C. Young favored the study, along with public hearings. Roger Hutchinson, 1521 Glendale Drive, asked several questions concerning the amount of the average customer increase, the number of accounts turned off for inability to pay, the number receiving assistance, and the profit and loss of Lone Star Gas. Mayor Lam noted that a survey would indicate the profit/loss ratio. He also stated that the gas company has a right to a certain increase, and they have to justify this increase before they go to the State. Willard Townsend, 4300 Dehaven, Regional Director for Lone Star Gas Company, stated they have very little inability to pay in Wichita Falls. They are a business entity, and he believes a 4.7 percent increase is a very small amount for eight and one- half years without an increase. This would amount to an increase about $1. 96 per month. He also explained that they do not require a deposit unless a customer has a proven bad credit record. He stated they are willing to work with the City Staff to analyze their rate request. Anything less than what they have requested will cause them to come back sooner. A citizen appeared, suggesting bill averaging. She pointed out that people should think ahead of time if they cannot pay their bills. David Williams, Minister of East Side Baptist Church, appealed to the Council to give consideration to the many poor people, stating he believes we will all have to share in the nation' s economy. W. 0. Everett, Minister of Pilgrim Rest Baptist Church, also commented on the difficulty of higher rates for poor people. The motion for passage of Resolution No. 34-91 carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9c RESOLUTION NO. 35-91 RESOLUTION APPROVING AMENDMENTS TO CIVIL SERVICE RULES ADOPTED BY FIRE FIGHTERS AND POLICE OFFICERS CIVIL SERVICE COMMISSION FOR THE CITY OF WICHITA FALLS Moved by Councilor Hughes that Resolution No. 35-91 be passed. Motion seconded by Councilor Martin. 630 Item 9c cont'd. Personnel Officer Jan Stricklin explained the requested changes, stating that isometric strength testing will be used for applicants, rather than back x-rays. This test will provide more accurate results. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10a RESOLUTION NO. 36-91 RESOLUTION TO AWARD BID TO WILLIAMS JANITORIAL SERVICE FOR ANNUAL JANITORIAL SERVICE CONTRACT AT CYPRESS AND JASPER WATER TREATMENT PLANTS Moved by Councilor Thompson that Resolution No. 36-91 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 The Council recessed at 9: 30 a.m. and reconvened at 9: 48 a.m. Item lla A report was given by Councilor Farabee from the bond issue study committee pertaining to a possible bond election. This study goes back about eighteen months when they looked at projects suggested from all City departments. The last time we had a bond issue was in 1986 . Our bond ratings are A-1 and AA. The tax rate has remained stable, and they have targeted a maximum of $10 , 000,000 for streets and drainage. The projects suggested are as follows. 1 . Seymour Road drainage - $62,000 2 . Lake Park Drive drainage - $20 ,000 3 . Landon, Duty, Sunset streets and drainage - $750 ,000 4. Madison Street paving - $125 ,000 5 . Country Club Subdivision paving ( 30th, 31st, 32nd, Bridwell, Grace, and Magnolia) - $800 ,000 6 . Burt/Southmoor drainage - $350, 000 7. Briargate storm water channel - $300,000 8 . McNiel Avenue drainage - $900 ,000 9. Ninth Street and Beverly drainage - $700, 000 10. Selma Drive drainage - $125 , 000 11 . Kemp Street Reconstruction ( loth to Kell) - $1 , 600 , 000 12 . Callfield bypass - $600, 000 13 . Bristol/Normandy drainage - $500,000 14. Burnett/Lincoln drainage - $75,000 15 . Morgan Lane drainage - $600 ,000 631 Item lla cont'd. 16 . Iowa Park Road/Burnett Road drainage - $1 , 250, 000 17. Covington drainage - $70,000 18 . Colonial Park drainage - $400 ,000 19. Police Training Facility - $550, 000 Total cost of these projects is $9,777,000. He proposed this be placed on the agenda at the first meeting in March, to be placed on the ballot in May. Mayor Lam accepted the report as presented, stating there will be discussion and input from the audience at the next council meeting. Mr. Berzina suggested that the map and narrative be placed on file in the offices of the City Manager and City Clerk for the public to review. Item llb Kenneth Hurley, 3001 Lavell, Chairman of the Human Relations Commission spoke to the fact that federal funding for the EEOC in the Personnel office has been eliminated. This will now be reviewed in Dallas. The Human Relations Commission is placing it' s time and talents in education. Future goals include public service announcements, workshops for small businesses, etc. They also hope to regain the financial support of EEOC here in Wichita Falls. Councilor Thomas confirmed that discrimination hearings will now be held in Dallas. Mrs. Stricklin stated that she believes it will hurt the community by not having it here in Wichita Falls. They have been able to work with the businesses here on a one to one basis. When it goes to Dallas it will normally turn into litigation. They plan to apply for funds again in 1992 to attempt to regain these funds. She asked that the Council be aware that the role of the Commission is changing to an educational role in the hope that our community will work together to eliminate discrimination. She explained that she will lose two staff members when the funding stops, and that she will be the only assistance the Commission will have. They lose the opportunity for anyone in this community to come locally and get help. She noted that they received accolades from the Feds for the quality of work performed. Councilor Thompson encouraged continued support of the Commission. Mayor Lam agreed that they want to see it operate as effectively as they can without funding. David Williams hoped we could find some savings in other areas to support this commission. J. C. Thompson, 611 Bonner, Minister of Antioch Baptist Church, also hoped we could support this work. Councilor Thomas stated that the main thing which has been cut is our legal ability to function as a Commission. Mrs. Stricklin noted we are still a 706 agency, but without that funding our cases would not be recognized. The only thing we could do is work to frame up a case, and send it forward to the Dallas office. The two employees have been placed in other positions, but hopes to put them back into EEOC later. Thomas Simon, 6 Bristol Lane, Minister of Shiloh Baptist Church, felt this office should be given the power to function. W. O. Everett would like to find a way to continue the Commission in Wichita Falls. 632 Item llb cont'd. Mayor Lam stated that this Council will be supportive of the Human Relations Commission, and the functions which can be handled here. Item llc Councilor Martin mentioned funding for Walkie Talkies in public housing areas, and the effectiveness of it. Chief Harrelson stated the reports have been positive, and the crime rate has decreased in all areas. . Councilor Martin also addressed the video cameras which ,, were donated. A report will follow on resolution of this matter. Councilor Thompson mentioned the number of ambulances on duty at night, and the response time. Mr. Berzina stated there is a spelled out response time, but they state it is better than what is mentioned in the contract. Councilor Thompson mentioned bus service on the North and East sides of town. Some feel they are not getting the service they need. Not all of the routes have been connected, and Mr. Berzina will get a report on it, and send letters to churches on changes. Item lld Mr. Berzina stated they have met with Corps of Engineers, and feel they should pay for the redesign of the third phase of Holliday Creek. They have not yet received a response from the Corps. Roger McKinney reported on the meeting regarding Enterprise Zones. They have looked at the Industrial District East and the old Arrowhead Industrial District. They are ready to go forward if it is the Council ' s desire. It only provides certain incentives to go along with tax abatement, non-annexation agreements, and the Freeport Exemption. Mr. Berzina explained it is a program that by itself will not get you any extra industry. They don' t say it will cost much on the local level, but it will be basically what the State can do. Ron Mertens felt it was something which should be evaluated and brought to the Council for their approval or disapproval. Mayor Lam urged that we be ready to establish a zone by October 1. Each project has to come in for approval. Mr. Berzina will proceed with a plan. ` Chief Harrelson and Sergeant Riley reported on the drug task force agreement with area cities and counties. It has been operational since mid September, 1990. Sergeant Riley reported on the successes they have had. They are the focal point for drug information in North Central Texas. They work with the states of Texas and Oklahoma, and other enforcement agencies. They have excellent cooperation with all entities. They believe the Task Force to be off and running. Mayor Lam complimented them for doing a good job. 633 Item lle The City Council recessed into executive session at 11: 13 , according to Article 6252-17, Section 2 (g) , V.A.C.S. The meeting reconvened at 11 : 35 a.m. Item 9a Moved by Councilor Thompson that this item be removed from the table. Motion seconded by Councilor Hughes, and carried unanimously. RESOLUTION NO. 37-91 RESOLUTION NOMINATING TWO MEMBERS TO SERVE ON THE APPRAISAL REVIEW BOARD OF THE WICHITA COUNTY APPRAISAL DISTRICT Moved by Councilor Kirkham that Resolution No. 37-91 be passed, nominating Tom Foley and Ann Bishop to the Appraisal Review Board. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None The meeting adjourned at 11: 37 a.m. PASSED AND APPROVED this J�&Ilday of �Iilttlz/ 1991 . Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk AOMA