Min 09/03/1991 760
Wichita Falls, Texas
Memorial Auditorium Building
September 3 , 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 -
Terrance E. Loughry -
Angus Thompson - Councilors
Paul Hughes -
J. W. Martin -
Don Kirkham -
James Berzina - City Manager
Bill Sullivan - Ass ' t. City Attorney
Wilma J. Thomas - City Clerk
The invocation was given by Councilor Thompson.
Item 3
Randall Mark Roberson, a Fire Department employee, was
honored as Employee of the Month for September. Mayor Lam
presented him with a plaque, City of Wichita Falls pin, a check,
and tickets to a theatre and dinner.
Item 4
Moved by Councilor Hughes that minutes of the meetings held
August 19 and 20, 1991, be approved.
Motion seconded by Councilor Martin, and carried
unanimously.
Item 5
Moved by Councilor Thompson that the consent agenda be
approved.
Motion seconded by Councilor Farabee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Minutes of the meetings of the following boards and
commissions were received.
a. Commission on Aging - August 7, 1991
b. Area Government Relations Committee - August 19, 1991
c. Library Advisory Board - August 20, 1991
d. Planning and Zoning Commission - August 14, 1991
e. Human Relations Commission - August 27, 1991
761
Item 6a
ORDINANCE NO. 83-91
AN ORDINANCE OF THE CITY OF WICHITA FALLS AMENDING
CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES
AT SECTION 2-98 TO PROVIDE FOR A NEW SUBSECTION ( 8 )
ESTABLISHING FARES AND CRITERIA; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES; AND FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Hughes that Ordinance No. 83-91 be
passed.
Motion seconded by Councilor Martin.
Councilor Kirkham noted that he does not see anything about
a limited option, which was discussed. Robert Parker explained
that if the service is not needed at a later time, they will
come back and amend that ordinance.
Councilor Loughry asked about the capability of the busses
to handle the handicapped, and also about the length of the trip
from three to three and one-half hours. He made a motion to
table this ordinance for further modifications. The motion died
for lack of a second. +
A substitute motion was moved by Mayor Lam to amend and
pass the ordinance and change the minimum number of passengers
from twenty to fifteen, and change the trip duration from three
to three and one-half hours.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 6b
ORDINANCE NO. 84-91
ORDINANCE APPROPRIATING $20,000. 00 IN FUNDING RECEIVED
FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE
EMERGENCY MANAGEMENT ASSISTANCE PROGRAM
Moved by Councilor Martin that Ordinance No. 84-91 be
passed.
Motion seconded by Councilor Farabee, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 7a was removed from the agenda.
762
Item 7b
RESOLUTION NO. 137-91
RESOLUTION FOR ACCEPTANCE OF THE EXCEPTION TO
RESOLUTION 125-85 REQUESTED BY WALLACE AND RAUB
CONSTRUCTION CO. , INC. FOR THE WEEKS PARK AND HAMILTON
PARK TENNIS CENTERS TENNIS COURT RENOVATION
Moved by Councilor Thompson that Resolution No. 137-91 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 7c
RESOLUTION NO. 138-91
RESOLUTION TO APPROVE PIPELINE AGREEMENT WITH THE
WICHITA, TILLMAN AND JACKSON RAILROAD COMPANY FOR THE
NORTH DRAINAGE BASIN PROJECT
Moved by Councilor Hughes that Resolution No. 138-91 be
passed.
Motion seconded by Councilor Loughry, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 7d
A proposed resolution was presented approving the deletion
of the half payment option for ad valorem taxes effective with
the 1991 tax year. A motion was made by Councilor Kirkham and
seconded by Councilor Farabee for its passage.
Councilor Martin expressed that we need to be more lenient
with the taxpayers and leave it as it is.
Mr. Werner explained that the City is tax collector for
both the school district and the County Education Board. He
explained costs involved. Councilors Hughes and Farabee
questioned whether the contract would allow the City to shift
half of the cost back to the other entities. Mr. Werner stated
that half of it would be paid by the City and half by them under
the contract. He noted that 5, 000 taxpayers in the City use the
half-payment option. He felt it would be a problem to the
taxpayer in splitting it. Councilor Martin asked if there was a
committee between the City and School to discuss deletion of the
half pay option? Mr. Werner explained that the County Education
District and the School District did not approve the half-pay
option. Councilor Hughes opposed the short time to plan for the
half-pay option. Citizens need to have time to budget for this.
He does not believe the other two entities should force us to
change our system. Councilor Thompson also opposed it.
763
Item 7d, cont'd.
Mr. Berzina noted concern for competition with who is going
to provide the tax collection service. They are trying to make
it as convenient as possible because the school is paying half
the cost of tax collection service. The new County Education
District tax will also be collected by us.
Councilor Kirkham expressed the same thoughts as other
Council members, stating that short notice is a real drawback to
him. Very few people will understand what the County Education
District is, and that will cause more confusion. He favors the
two-payment system, and believes the City should support the
citizens in allowing them to continue that option.
The motion for passage of the resolution failed by the
following vote.
Ayes: None
Nays: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Item 7e
RESOLUTION NO. 139-91
RESOLUTION REAPPOINTING SUBSTITUTE JUDGE OF THE
MUNICIPAL COURT FOR A TERM OF TWO YEARS
Moved by Councilor Thompson that Resolution No. 139-91 be
passed.
Motion seconded by Councilor Hughes, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 7f
RESOLUTION NO. 140-91
RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY
TAXES ON ACCOUNTS #0760-010-0000 AND 0880-045-0000 owft
Moved by Councilor Kirkham that Resolution No. 140-91 be 1.401
passed.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 7g
RESOLUTION NO. 141-91
REJECTION OF BIDS FOR THE BRIDWELL PARK POND PROJECT
764
Item 7g, cont'd.
Moved by Councilor Farabee that Resolution No. 141-91 be
passed.
Motion seconded by Councilor Kirkham.
City Engineer Bill Parker noted rising costs because of the
effect of Sheppard Air Force Base drawing contractors out there.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham.
Nays: None
Item 7h
RESOLUTION NO. 142-91
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR
TO EXECUTE A QUIT CLAIM DEED TO KATHY V. MCKINLEY,
CONVEYING A PORTION OF A UTILITY EASEMENT; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
RESOLUTION NO. 143-91
RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING
THE ENCROACHMENT INTO A UTILITY EASEMENT AT THE REAR
OF LOT 30, REPLAT OF PART OF BLOCK 7, MCKENZIE
SUBDIVISION IN THE CITY OF WICHITA FALLS, TEXAS; AND
FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Thompson that Resolution Nos. 142-91 and
143-91 be passed.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 7i
RESOLUTION NO. 144-91
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR BANKING AND INVESTMENT SERVICES
FOR THE MANAGING DEPOSITORY
Moved by Councilor Hughes that Resolution No. 144-91 be
passed.
Motion seconded by Councilor Kirkham, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
765
Item 8a
RESOLUTION NO. 145-91
RESOLUTION FOR THE AWARD OF BID TO WALLACE AND RAUB
CONSTRUCTION CO. , INC FOR THE WEEKS PARK AND HAMILTON
PARK TENNIS CENTER TENNIS COURT RENOVATION
Moved by Councilor Hughes that Resolution No. 145-91 be
passed.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 8b
RESOLUTION NO. 146-91
RESOLUTION APPROVING THE AWARD OF BID TO B.D. HAYNES " -
CONSTRUCTION COMPANY FOR THE CDBG REDFOX EXTENSION .+
PROJECT
Moved by Councilor Thompson that Resolution No. 146-91 be
passed.
Motion seconded by Councilor Hughes.
Councilor Thompson expressed appreciation for efforts of
the Council in supporting this project stating it will make it
safer.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 8c
RESOLUTION NO. 147-91
RESOLUTION APPROVING THE AWARD OF BID TO BEAVERS
CONSTRUCTION COMPANY FOR THE LANDFILL SOIL LINER VIII
AND WET CELL I PROJECT
Moved by Councilor Hughes that Resolution No. 147-91 be
passed.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
766
Item 8d
RESOLUTION NO. 148-91
RESOLUTION FOR THE AWARD OF BID TO DUKE CONSTRUCTION
COMPANY FOR THE 1991 ALLEY REHABILITATION PROJECT
Moved by Councilor Martin that Resolution No. 148-91 be
passed.
Motion seconded by Councilor Hughes.
A question concerning the reason for failure of these
particular alleys was addressed by Mr. Bonnett and Bill Parker,
who stated that there were sewer problems in certain areas, and
some were as a result of alley inventory on the condition of
alleys.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 8e
RESOLUTION NO. 149-91
RESOLUTION FOR THE AWARD OF BID TO DECATUR CONSTRUCTION
FOR THE ROTARY PARK SIDEWALK PROJECT
Moved by Councilor Hughes that Resolution No. 149-91 be
passed.
Motion seconded by Councilor Martin, and carried by the
following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
Item 8f
RESOLUTION NO. 150-91
RESOLUTION TO AWARD BID TO BENSON CONSTRUCTION COMPANY,
INC. FOR THE NORTHSIDE SEWER TRUNK MAIN, PHASE I PROJECT
Moved by Councilor Kirkham that Resolution No. 150-91 be
passed.
Motion seconded by Councilor Farabee.
Councilor Thompson asked if the contractor will be informed
that we would hope he will hire people in the local area, and
Mr. Bonnett replied that they did not ask for an exception, and
they would be expected to comply with regulations on hiring on a
craft by craft basis.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, Martin, and Kirkham
Nays: None
767
Item 8g
RESOLUTION NO. 151-91
RESOLUTION APPROVING THE AWARD OF BID TO M & F LITTEKEN
COMPANY FOR THE LUCY POND PROJECT
Moved by Councilor Hughes that Resolution No. 151-91 be
passed.
Motion seconded by Councilor Martin.
Councilor Kirkham questioned the cost of this project, and
asked what type of work will be accomplished. Mr. Parker
explained there will be shoring up of the banks, and also a duck
ramp. Mr. Murphey stated it was called a structural wall rather
than riprap.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson,
Hughes, and Martin
Nays: Councilor Kirkham
Nothing was presented under Item 9a.
Item 9b
Councilor Loughry noted the pending traffic problem and
street access when K-Mart and Chilli ' s Restaurant both locate
their businesses on Lawrence Road. He stated that he believes
street access needs to be looked at.
Councilor Loughry noted lack of bids on some projects,
stating that several bids were scheduled on August 22 and 23 ,
and many contractors were unable to bid due to bid bond
requirements. He suggested they be scheduled farther apart in
the future. He also noted one project received on bids. Bill
Parker explained that one bid arrived after the deadline to
receive bids on the Northeast Drive drainage project.
Councilor Loughry also mentioned limbs and boxes falling
off trucks. Mayor Lam expressed hope that the Police would
enforce this as seen by them.
Councilor Hughes noted the program tonight at Cunningham
School Cafeteria concerning gangs.
Councilor Kirkham inquired about the Amber/Borton
rehabilitation, and Bill Parker explained that one street
remains to be paved. He also noted to Tom Edmondson that one
house on Tammy Street needs to be looked at.
Councilor Thompson expressed appreciation to Council
members for their participation in the tour of the East Side.
Mayor Lam commented on the tour, stating there is a lot of pride
over there.
768
Item 9b, cont 'd.
Mayor Lam noted that he had received a lot of calls about
the Call Field situation with the coming of additional business.
He suggested we begin looking at additional collector streets in
that area.
i
Nothing was presented under Item 9c.
Item 9d
The City Council recessed at 9: 30 , to go into executive
session at 9: 45, according to article 6252-17, Section 2(g) ,
VACS. The Council reconvened at 10: 07.
Item 9f
Moved by Councilor Kirkham that Jeanmarie Baer be appointed
to the MHMR Board - Public Responsibility Committee, for a term
to expire August 1, 1993 . (She replaces Jackie Hall. )
Motion seconded by Councilor Farabee, and carried
unanimously.
No action was taken under Item 9e.
Item 11
Mr. Berzina recapped previous discussions on the 1991-92
budget, stating that the common thread throughout seemed to
relate to the employees, and what will be done for them. He
commented on equipment, travel and training, fire chiefs car,
change out of flowers in parks and also park improvements,
Activities Center, street improvements, recycling, excluding oil
recycling, audit for RSL and Civil Service case, marketing lobby
in Washington, D.C. , eternal flame situation, fleet maintenance
costs, change of personnel and eliminations in Inspection
Department, hand held computers, contingency, and what to do
about employee pay.
Mr. Berzina noted there is a $464 , 000 contingency in the
budget. He stated that the employees are really pleased with
10-year vesting and survivors ' pay. He explained that the work
has not gone away, but has been readjusted and reassigned as a
result of adjustment of the work force. He recommended a two
percent across the board pay raise for employees, which would
cost $401, 000. He also suggested a range increase for those
positions which are more than thirty percent out of line. It
would total more than $600,000, including water and sewer funds.
This could all be done based on an effective tax rate of 66. 36
percent.
Following a lengthy discussion concerning several options
including a bonus pool, flat rate increases, lower scale
funding, etc. , Mayor Lam called for a recap of the discussion.
Some discussion was held on employees later having an
opportunity of being guaranteed a similar job back if a vacancy
occurred. Councilor Hughes noted there would be no guarantees
for a person to go back to a similar position because we cannot
discriminate. Mr. Berzina and Mrs. Stricklin pointed out that
many are happier in their new jobs than they were previously.
Mrs. Stricklin noted they have a greater advantage, but no
guarantees.
769
Item 11, cont'd.
Councilor Loughry stated that he favored going with an
across the board flat rate increase of $400 or $500 rather than
a percentage increase.
Councilor Hughes stated he does not favor an across the
board salary increase, but agrees with raises on the lower end.
This can be done without going to the effective tax rate. This
would also include 10-year vesting and survivors ' benefits for
all employees.
Councilor Martin favors a minimum four percent across the
board pay increase.
Mayor Lam was not in favor of an across the board salary
increase, but doing something on the lower end, and leave the
tax as is.
Councilor Farabee favored five percent to those employees
in high turn-over positions, a two percent across the board, and
a step increase of two and one-half percent, as warranted. He
also favored the effective tax rate.
Councilor Kirkham stated he likes the high turn-over, low
pay increase, and the merit increase they can earn. He also
agrees with a two percent across the board, 10-year vesting and
survivors ' benefits.
Councilor Thompson favored raising salaries at the lower
end, a two or two and one-half percent increase across the
board, and a merit (step) increase.
Mr. Berzina explained that he will prepare for the budget
to be adopted on September 17, 1991, with the effective tax rate
and pay plan as he presented today. There will be another
public hearing on September 17.
Councilor Martin asked if recapped tires are used in our
fleet, and Mr. Berzina and Mrs. Stricklin stated they are.
Contamination and hazardous waste was also a concern of
Councilors Martin and Kirkham.
The City Council adjourned at 11: 40 a.m.
PASSED AND APPROVED this the l2/ day of
1991 .
Aq
elz�
Michael Lam, ayor
ATTEST:
Wilma J. Thomas, CMC/AAE
City Clerk