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Min 09/17/1991 772 Wichita Falls, Texas Memorial Auditorium Building September 17, 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 Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk The invocation was given by W. O. Everett, Pilgrim' s Rest Baptist Church. Item 3 Moved by Councilor Kirkham that minutes of the meetings held September 3 and 10, 1991, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Item 4a - 6d Item 5a was moved to the regular agenda. Moved by Councilor Hughes that the consent agenda be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None (Councilor Farabee arrived immediately following this action. ) Item 4a RESOLUTION NO. 153-91 RESOLUTION TO APPROVE FOURTH AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE CITY OF OLNEY Item 4b RESOLUTION NO. 154-91 RESOLUTION ACCEPTING THE NARCOTICS OFFICER/2 GRANT FROM THE GOVERNOR' S OFFICE, CRIMINAL JUSTICE DIVISION 773 Item 6 Minutes of the meetings of the following boards and commissions were received. a. Plumbing and Mechanical Board of Adjustments and Appeals - July 15 , 1991 b. Zoning Board of Adjustment - August 21, 1991 c. Landmark Commission - August 22, 1991 d. Wichita Falls/Wichita County Public Health Board - August 23 , 1991 Item 5a Moved by Councilor Martin that the bid for 1000 gallons of malathion concentrate be awarded to American Cyanamid Company in the amount of $17. 18 per gallon in bulk quantities. Motion seconded by Councilor Hughes. Councilor Loughry asked why the names of companies were mentioned if they did not bid? Mr. Berzina explained that this is normally done when they take out specifications. Awk The motion carried unanimously. Item 7a A public hearing was opened on the 1991-92 budget. William C. Young, 1018 Widows Lane, stated that he agrees with Mayor Lam and Councilors Hughes and Loughry on their stand against a tax increase. He is hopeful that the tax base will increase next year, and that a tax increase may not be necessary at that time. Deborah Potter, 3910 Hooper, noted that nothing has been done to their parks in the North part of town. She suggested more parks, including a walking park and rezoning to allow businesses in that area. She stated that a grocery store, Wal- Mart, etc. would make their area nicer. Giola Ozuna, 1309 Giddings, suggested a shuttle to service some events in our city. The public hearing was closed. Item 7b Councilor Thompson noted that he would not take part in the discussion of this item, nor would he vote on it because of his position as Executive Director of Community Action Corporation. Moved by Councilor Hughes that funding for the Community Action Corporation for Neighborhood Action Groups be approved in the amount of $10,080. Motion seconded by Councilor Martin. Following a question of precedence by Mrs. Ozuna, Mayor Lam explained this is the correct way to continue handling this type of situation. Councilor Kirkham asked about the Meals on Wheels program by CAC, and Jim Dockery explained this was addressed at another time. 1 774 Item 7b cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham. Nays: None Item 7c ORDINANCE NO. 85-91 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 , AND ENDING SEPTEMBER 30, 1992, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY Moved by Councilor Farabee that Ordinance No. 85-91 be passed. Motion seconded by Councilor Thompson. Councilor Loughry asked when the tax rate would become effective. Mr. Werner explained that taxes are due January 31, 1992 , for a full payment. The first payment, if paid on the halves, is due by November 30, 1991 , and the second half is due by June 1, 1992 . The tax rate is based on the appraisal for January 1, 1991. Councilor Hughes commented that revenue projections seemed conservative. The sales tax is shown as being down. Mr. Berzina stated it is down compared to the seven million which was estimated this year, and which was not met. Our philosophy is a conservative approach in case it isn' t met. He suggested looking at the budget in January to see how we stand. Utilities and in-lieu of taxes were also mentioned by Councilor Hughes. Mr. Berzina noted that we did not stay at the effective tax rate last year, and we have to make it up. Councilor Hughes felt the City could hold the tax rate the same. Councilor Farabee stated he is very pleased with this P budget, which includes Senate Bill 505 and 10-year vesting for city employees. These are the two things the Committee recommended last year that the City should adopt. He commended the staff for their work on this. Step increases are shown in the budget as merit increases to those who earn them. He noted that the cost of living has gone up for every city employee, and he supports the two percent cost of living increase. He commented that the cost of living has probably gone up more than that. He commended the staff for their work on this budget. Councilor Kirkham expressed particular concern about the 9-1-1 Dispatch area employees. He asked about the salary. Mr. Dockery explained that the positions would be raised five percent. With the two percent cost of living, and the possibility for merit increases, the total could be as much as 9.5 percent increase. Jan Stricklin presented the hourly rate for a Dispatcher Trainee and a Dispatcher I , stating they are presently short two dispatchers. Councilor Kirkham feels we need to do better for the dispatchers because of stress. Councilor Hughes asked about the effect of SB 505 on various classes of employees. It was explained that Police is affected by seven percent, and regular employees by five percent. The Fire Department has their own plan (nine percent) , and vesting would not affect them. 775 Item 7c, cont'd. Councilor Kirkham expressed hope that growth in District 5 can be increased. He also commented on fixed income, stating he has been on a fixed income since 1950. He stated that employees deserve some recognition; that we have an obligation to both citizens and employees. Councilor Thompson noted tax increases in the County and School District. He stated he believes we are almost at a crossroad as far as taxes are concerned. The budget presented by the City Manager is one he can support. It at least tries to show to our staff members that we recognize their needs. He has some disappointments, but sometimes we have to do certain things for our employees. We have to make a choice whether we keep our city going, or whether we stand still. Mayor Lam noted that his comments are already a matter of record. He favored keeping the tax rate as it presently is. He believes there needs to be incentives to employees to do a good job instead of across the board pay increases, and he looks forward to the day when we have that program. He would support only a budget that would not raise the tax rate. Councilor Kirkham explained that he would like to see the salary of the Dispatcher Trainee increased to $7. 80 per hour, and the Dispatcher I to $8. 20 per hour. Mr Berzina suggested that they give them from now to the next meeting to prepare an amendment to the adopted budget. A motion was made by Mayor Lam to take $12, 000 to $13 ,000 from equity as a contribution for our portion of improvements for Sheppard Air Force Base and the 50th Anniversary celebration. Motion seconded by Councilor Martin. Councilor Martin felt other neighboring cities should also be involved. Councilor Kirkham felt this should also be brought back at the next meeting. The motion carried unanimously. Councilor Loughry asked about money for undercover cars, and Mr. Dockery explained that it is still in the budget. He suggested putting the vehicle for Public Transportation back on the lot. Councilor Kirkham pointed out the need to look at other ways of providing services other than ad valorem taxes. Mr. Berzina noted various state and local mandates next year, including more police officers voted by the citizens. He stated he cannot see anything being much different next year than this year. Different levels of government higher than us are passing things, and not sending the money to fund it. He agreed with Councilor Kirkham' s comments on fixed income, stating the staff and taxpayers are also on a fixed income. The motion for passage of Ordinance No. 85-91 carried by the following vote. Ayes: Councilors Farabee, Thompson, Martin, and Kirkham Nays: Mayor Lam and Councilors Loughry and Hughes 776 Item 7d ORDINANCE NO. 86-91 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1991-92 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY Moved by Councilor Martin that Ordinance No. 86-91 be passed. Motion seconded by Councilor Kirkham. William C. Young, 1018 Widows Lane, asked if it would be a conflict of interest for a Councilor to vote a pay raise for immediate family members on the City payroll? He identified Councilors Martin and Thompson. Mr. Humbach stated he did not believe there would be a conflict. Both Councilors Martin and Thompson took exception to the question. Mr. Berzina stated that these recommendations were made by himself, and that no council member had asked him to do anything along these lines. He further stated that if any Council member had a relative who was a dispatcher, they might have a conflict of interest. Mr. Young stated his question had, been answered to his satisfaction. When Mr. Berzina asked if there were other questions he could answer for him, Mr. Young replied there were none. Councilors Thompson and Kirkham stated they were satisfied with the effective tax rate. Councilor Farabee noted calls he had received about living on a budget, stating they have lived with and discussed this budget for several weeks. He stated that he supports the effective tax rate, noting that on a $40,000 home, taxes would only increase $7. 00 to $8 . 00 per year. He is sympathetic to the taxpayers. Councilor Hughes noted that the percentage of tax increase is smaller than the other entities but the dollars are virtually the same, stating our revenues are conservative. Councilor Martin commented that he is also on a fixed income. He would not support an increase in taxes if he did not think it is necessary. He believes we can all live with this increase, stating it gives us a few more dollars to buy more bandaids to fix some of these things. He stated that he has received more support for this budget than opposition. We will lose ground if we don' t maintain a tax levy to continue a forward progress. Councilor Loughry asked how much the effective tax rate will net, and Mr. Dockery stated it would be $340 ,000 . Councilor Loughry opposed taxing the citizens for this amount. Mayor Lam noted there would have to be a lot of $40,000 houses in this City to support it, stating that it is the businessmen in the community who carry the big end of the stick on the tax burden. Councilor Thompson commented that ad valorem taxes are getting out of hand, stating we never use bonds to improve our streets, parks, and drainage. We can never tax enough this way to maintain our services. Mayor Lam noted that other entities are placing the burden on the cities by regulations in which we have no say. Councilor Martin stated that the flea and minnow study to find out why they are dying has already cost us more than this tax increase today. 777 Item 7d, cont'd. The motion for passage of Ordinance No. 86-91 carried by the following vote. Ayes: Councilors Farabee, Thompson, Martin, and Kirkham Nays: Mayor Lam, Councilors Loughry and Hughes The City Council recessed at 9: 55 a.m. , and reconvened at 10: 10 a.m. Item 8a ORDINANCE NO. 87-91 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM GRANT REVENUE RECEIVED FROM THE CRIMINAL JUSTICE DIVISION, GOVERNOR'S OFFICE FOR PURPOSES OF A NARCOTICS ENFORCEMENT OFFICER/2 Aft Moved by Councilor Thompson that Ordinance No. 87-91 be lfto 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. 158-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS Moved by Councilor Kirkham that Resolution No. 158-91 be passed. Motion seconded by Councilor Hughes. Mrs. Ozuna asked about salary changes for the handicapped. Councilor Hughes commented that changes were made in the minimum wage law. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8c was removed from the agenda. 778 Item 9a RESOLUTION NO. 155-91 RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS Moved by Councilor Thompson that Resolution No. 155-91 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 9b RESOLUTION NO. 156-91 RESOLUTION TO APPROVE PIPELINE AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD COMPANY FOR THE NORTH DRAINAGE BASIN PROJECT Moved by Councilor Kirkham that Resolution No. 156-91 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 9c RESOLUTION NO. 157-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY Moved by Councilor Kirkham that Resolution No. 157-91 be passed. Motion seconded by Councilor Martin. Councilor Thompson noted that he will abstain on this item because of the CAC fundings. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Hughes, Martin, and Kirkham Nays: None 779 Item 10a Moved by Councilor Martin that the bid for estimated annual requirements for office supplies be awarded, as follows. a. Wilson Office Supply (general office supplies) - $10,467. 82 b. Wilson Office Supply (binders) - $861. 90 c. Wilson Office Supply (envelopes) - $1, 582. 80 d. Sav-On Office Supply (cut paper) - $8, 979 . 10 Motion seconded by Councilor Hughes. Mrs. Stricklin commented that the No. 4 grade white virgin paper is recommended over the recycled paper because the cost of recycled paper is so much greater. Moved by Councilor Hughes that the bid for No. 4 grade white virgin paper be accepted. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Thompson, Hughes, and Martin Nays: Councilors Farabee and Kirkham Item 10b Moved by Councilor Martin that proposals for the City' s insurance program be awarded, as follows. a. Williams-Dwyer Insurance Agency - (building and contents) - $18, 645 . 06 b. Williams-Dwyer Insurance Agency - (extra expense, City Hall) - $795 . 00 c. Williams-Dwyer Insurance Agency - (excess workers compensation) - $46,524. 00 d. Allred-Thompson Insurance - (boiler and machinery) - $10,545. 00 Motion seconded by Councilor Hughes, and carried unanimously. Item lla Discussion was held on contract for water service for B. W. Sinclair, Inc. Mr. Berzina explained the history behind this water request back to Wilson Manufacturing Plant. He stated Mr. Helmcamp purchased the property and moved out there. He assumed water would be at the site, but it included some provisions. Mr. Sinclair was allowed to use the water line by Mr. Helmcamp, which was in violation of City requirements, but it was without the City' s knowledge and concurrence. Recently a playground equipment concern emerged, and the City felt it time to get back in compliance. The City does not allow one property owner to set up a meter and sell water. Mr. Helmcamp extended his water line with several other entities. They worked out a non-annexation agreement with Mr. Helmcamp. We are now in the third generation of non-annexation agreements. This present entity does not agree with the concept of a payment in-lieu of taxes. i 780 Item lla, cont'd. Don Short, 4520 Taft Street, appeared as attorney for Mr. Sinclair, stating he has negotiated with the staff for the past few months. He is in basic agreement with what Mr. Berzina has said. In May, 1988 , when Mr. Sinclair went into operations, there was water provided which was metered to Mr. Helmcamp. Mr. Sinclair requested a meter himself. This property was originally designated as an industrial district in 1979. Mr. Sinclair needs water for sanitary purposes, and for his employees to drink. They have no other place to go. Annexation is really not an issue in this contract with Mr. Sinclair, who does not wish any other services from the City except water. They have been informed by the staff that if they are to receive water service, it is necessary to enter into a non-annexation agreement. They believe the purpose of this is so that the City can put it into the general fund control. They understand and are agreeable to go along with the program. They would like to pay $1,000 per year as an assessment in lieu of taxes. They wish to do this as a business purpose. He feels the paragraph setting out in-lieu of taxes is subject to a lot of interpretations. Councilor Hughes questioned why they would offer twice the amount of taxes, and Mr. Short stated they would rather do it this way so that there would be no difference in the way Clay County and Wichita County appraises it. It was noted that it is in the Clay County tax appraisal jurisdiction. Mayor Lam noted that the non-annexation agreement has been made a standard operating procedure. Some discussion followed on a first generation agreement. Mr. Short stated he would like to consult with his client. Item llb Mrs. Ozuna expressed concern about certain things that happened at the County fair. Item llc Councilor Thompson apologized for displaying anger earlier in the meeting. He also mentioned working with the Downtown Lions Club to have a safer County fair next year. Councilor Kirkham also commented on the problems at the County fair. He also suggested that businessmen should cut the grass from the cracks in the sidewalks. Councilor Farabee commented that he had received twenty calls regarding the budget. He listened, and stated that every Councilor at this table will listen. He urged citizens to call and talk to Council members with their concerns. Councilor Hughes commented on the downtown, stating he is pleased that Hamilton Bryan has taken the step of going downtown. Activity causes undesirable things to go away. Councilor Martin suggested we work with the County in finding a good location for the County fair. He hopes the Police Chief makes it known that we will not tolerate this type of activity next year. 781 Item llc, cont'd. Councilor Loughry noted traffic marking problems and speed limit on Lawrence Road. He also commented on high grass at Villa Calina, off Turtle Creek Road. He also mentioned neighborhood watch cars. Chief Harrelson stated the Police Department does not provide cars. They have five people who do this part time. Councilor Loughry asked about the outcome of the City/County vehicle maintenance, and Mr. Berzina stated it seems to be working well; the City is happy about it. Councilor Loughry asked about an overtime sheet which he had with 55 hours in two weeks. Mr. Berzina explained that if he will provide the information to him he will look into it. Councilor Loughry asked about an underground storage tank at Central Services and the EPA. Bob Parker stated there is nothing wrong with the tank. It was changed out, and no contamination was found to the soil. Mayor Lam asked Tom Edmondson to check on dogs picked up on Lela Lane. He also asked the Engineering Department to look at Aft our water retention ordinance, and see if it is working well. Mayor Lam also reported that someone wanted a light at the school crossing a Kemp and Avenue O near Sam Houston. Mr. Parker noted they have a crossing guard. Nothing was presented under Item lld. Councilor Thompson referred a flooding situation on Old Burk Road off Eastside Drive to Mr. Bonnett. Item lle The City Council recessed into executive session at 11: 15 a.m. , according to Article 6252-17, Section 2 (g) , VACS. The meeting reconvened at 12 : 36 p.m. Item llf Moved by Councilor Kirkham that Jim Newsom be appointed to the Landmark Commission for a term to expire December 31, 1994. Motion seconded by Councilor Hughes, and carried unanimously. Item llg Moved by Councilor Kirkham that William R. Weaver be appointed to the Board of Electrical Examiners for a term to expire May 31, 1992 . Motion seconded by Councilor Hughes, and carried unanimously. 782 Item llh No applications were received for the MHMR Public Responsibility Committee. The Council urged persons interested to complete an application. Item lli Moved by Councilor Kirkham that George Spires and Arthur Beyer be reappointed to the Water Resources Commission for terms to expire September 30, 1993 . Motion seconded by Councilor Hughes, and carried unanimously. The Council urged interested persons to submit an application for the vacant position. Item llj Moved by Councilor Kirkham that the following be appointed to the Mayor' s Commission on the Status of Women for terms as indicated. a. Patricia Daugherty (reappointed) 9-30-93 b. Terry Bartholomew (reappointed) 9-30-93 c. Carol Smeaton (reappointed) 9-30-93 d. Bobbie Jones (reappointed) 9-30-93 e. Barry Macha (reappointed) 9-30-93 f. Irene Lambert (replacing L. Springberg) 9-30-92 g. Cynthia Frischer (replacing M. Kitchen) 9-30-92 h. Shirley Vernon (replacing Eva Neal) 9-30-92 i. Shirley Craft (replacing Maiu Espinosa) 9-30-92 Motion seconded by Councilor Thompson, and carried unanimously. Item llk Appointments were made to the City Council Redistricting Committee by each Council member, as follows. Moved by Councilor Loughry that John Denman and Phoebe Garcia be appointed. Motion seconded by Councilor Farabee, and carried unanimously. Moved by Councilor Martin that Joe DeLeon and Sandrea Marvel be appointed. Motion seconded by Councilor Hughes, and carried unanimously. Moved by Councilor Hughes that Dan Shine and Bill Palmer be appointed. Motion seconded by Councilor Kirkham, and carried unanimously. Moved by Mayor Lam that Viola Morton and Jack Bock be appointed. Motion seconded by Councilor Martin, and carried unanimously. Moved by Councilor Farabee that Renae Gonzalez and Winnie Bardwell be appointed. 783 Item 11k, cont'd. Motion seconded by Councilor Hughes, and carried unanimously. Moved by Councilor Kirkham that Michaelle Kitchen and Don Bowen be appointed. Motion seconded by Councilor Hughes, and carried unanimously. Moved by Councilor Thompson that Reginald Blow and James McIntire be appointed. Motion seconded by Councilor Martin, and carried unanimously. The City Council adjourned at 12 : 45 p.m. PASSED AND APPROVED this the Itt/day of 1991. Michael Lam, Mayor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk