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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