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Min 03/03/1992 876 Wichita Falls, Texas Memorial Auditorium Building March 3 , 1992 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 John Ward, Country Chapel. s Item 3 Eddie Stahr, Fire Marshal ' s office, was honored as Employee of the Month for March. Mayor Lam presented him with a plaque, City of Wichita Falls pin, a check, bus tickets, and tickets to a theatre and dinner. Item 4 Moved by Councilor Farabee that minutes of the meeting held February 18 , 1992 , be approved. Motion seconded by Councilor Hughes, and carried unanimously. Items 5a-7g Items 6b and 7e were moved to the regular agenda. Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None i q f, 877 Item 5a RESOLUTION NO. 27-92 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT # 3894-071-0000. Item 5b RESOLUTION NO. 28-92 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA COUNTY TO USE PUNCH CARD VOTING SYSTEM ><., Item 6a The bid for annual requirements of unleaded gasoline and #2 diesel fuel was awarded to Grozier Mann Oil Company in the amount of $382,200. 00 . Item 7 Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - February 5 , 1992 b. Water Resources Commission - February 7, 1992 c. Civil Service Commission - February 13 , 1992 d. Board of Electrical Examiners - February 13 , 1992 e. Civil Service Commission - February 19 , 1992 f. Planning and Zoning Commission - February 12 , 1992 Item 6b Moved by Councilor Martin that the bid for an annual supply of vehicle filters be awarded to Grozier Mann Oil Company in the amount of $34 ,070 . 75 . Motion seconded by Councilor Farabee. Robert Parker explained to Councilor Martin the method of disposition of the City' s oil. The motion carried unanimously. Item 7e Moved by Councilor Farabee that minutes of the meeting of Employee Benefits Trust held February 14, 1992 , be received. Motion seconded by Councilor Martin. Councilor Loughry asked questions about the third party administrator. Mr. Berzina explained that we are the administrator. Mrs. Stricklin further explained that we time share our hardware to process our claims. We are paying Employee Benefit Plans, Inc. for the use of the time sharing arrangement to key into their computer. Mr. Humbach stated that we are audited annually. The motion carried unanimously. 878 Item 8a ORDINANCE NO. 14-92 AN ORDINANCE REZONING LOT 6 & 10 FT. OF LOT 7, BLOCK 1, NELSON STONE SUBDIVISION ( 2010 ALLEN ROAD) , WICHITA FALLS, TEXAS FROM SINGLE FAMILY RESIDENTIAL (SF-2 ) ZONE, TO GENERAL COMMERCIAL (GC) ZONE (R-92-03 ) Moved by Councilor Thompson that Ordinance No. 14-92 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 8b ORDINANCE NO. 15-92 ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES TO CREATE ARTICLE V111, REGULATING POOLS, SPAS AND OTHER WATER RELATED ACTIVITIES; AND REPEALING CHAPTER 22, ARTICLE 1V OF THE CODE OF ORDINANCES. Moved by Councilor Martin that Ordinance No 15-92 be passed. Motion seconded by Councilor Hughes. Mr. Edmondson explained that this is a housekeeping procedure. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8c ORDINANCE 16-92 AN ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW, AND AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE AND BEER PURSUANT TO SECTION 5420(5) OF THE ZONING ORDINANCE, AT THE NOTRE DAME HIGH SCHOOL 16TH ANNUAL SPRING FESTIVAL ON MAY 1-3 , 1992 Moved by Councilor Hughes that Ordinance No. 16-92 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 879 Item 9a RESOLUTION 29-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF VERNON TO ADMINISTER THE CITY OF VERNON' S HEALTH AND DENTAL PLAN. Moved by Councilor Hughes that Resolution No. 29-92 be passed. Motion seconded by Councilor Martin. Mr. Humbach stated that they recommend this to the Council from a legal standpoint. ,> Councilor Loughry asked another question about authority from the third party administrator to add this. Mrs. Stricklin pointed out that it was not needed because we only share time with them, stating we put the information in. She pointed out that we do not use this company as a third party administrator, and the City is not required to be licensed. Some discussion occurred about past claims not being promptly paid, but this has not happened for several years. Mrs. Stricklin pointed out that many times they are waiting for additional information from the doctors. As of now, claims are processed through February 29 , 1992. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 9b RESOLUTION NO. 30-92 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF VERNON TO ADMINISTER THE CITY OF VERNON'S WORKERS ' COMPENSATION PROGRAM. Moved by Councilor Farabee that Resolution No. 30-92 be passed. Motion seconded by Councilor Thompson, and carried by the Oft following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: Councilor Loughry Item 9c RESOLUTION 31-92 RESOLUTION NAMING ELECTION OFFICIALS FOR MAY 2, 1992, CITY ELECTION Moved by Councilor Hughes that Resolution No. 31-92 be passed, and replacing the alternate judges in City Boxes 8 and 17. 880 Item 9c, cont'd. Motion seconded by Councilor Kirkham, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9d was removed from the agenda. Item 9e RESOLUTION 32-92 RESOLUTION TO APPROVE CONTRACT WITH DEPARTMENT OF THE AIR FORCE (SHEPPARD AIR FORCE BASE) FOR TREATMENT OF MUNICIPAL AIRPORT SEWAGE Moved by Councilor Hughes that Resolution No. 32-92 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 9f RESOLUTION NO. 33-92 RESOLUTION TO APPROVE FIRST AMENDMENT TO CONTRACT WITH ENGINEERING FIRMS OF ALAN PLUMMER & ASSOCIATES, INC. AND CORLETT, PROBST & BOYD, INC. FOR SECOND PHASE OF TOXICITY REDUCTION EVALUATION AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 33-92 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 9g RESOLUTION NO. 34-92 RESOLUTION AUTHORIZING POLICE DEPARTMENT TO MAKE APPLICATION FOR THIRD YEAR FUNDING OF NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE GRANT AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT REQUEST Moved by Councilor Hughes that Resolution No. 34-92 be passed. 881 Item 9g, cont'd. Motion seconded by Councilor Martin. Sergeant Riley reported on the success of this program, stating the membership has grown from sixteen to twenty-one counties. He noted arrests and confiscations during the past year. He stated they are going to trial on many of these cases throughout the region. Chief Harrelson responded to Councilor Thompson' s question concerning what they can do to help by stating that a commission is formed by persons outside the Police Department. The police cannot give people jobs or provide them treatment. He stated there is a need in some areas of the community for church involvement and others to try to get treatment and help for some . of these people. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9h RESOLUTION NO. 35-92 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CHILDREN'S AID SOCIETY THAT WILL DESIGNATE EACH CITY FIRE STATION AS A "SAFE PLACE" Moved by Councilor Farabee that Resolution No. 35-92 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 10a RESOLUTION 36-92 A RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS TO CONVEY TITLE. Moved by Councilor Hughes that Resolution NO. 36-92 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 882 Item 10b RESOLUTION NO. 37-92 RESOLUTION FOR THE AWARD OF BID TO McGRATH BROTHERS CONCRETE FOR THE MADISON STREET RECONSTRUCTION PROJECT Moved by Councilor Thompson that Resolution No. 37-92 be passed. Motion seconded by Councilor Hughes. Councilor Loughry stated that he will abstain from voting on this matter because of a conflict of interest. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10c RESOLUTION NO. 38-92 RESOLUTION TO AWARD BID TO GROZIER & MANN OIL COMPANY FOR THE CITY'S ANNUAL SUPPLY OF AUTOMOTIVE LUBRICATION PRODUCTS Moved by Councilor Martin that Resolution No. 38-92 be passed. Motion seconded by Councilor Hughes. Tim Robb, 1425 Old Iowa Park Road, requested that the bid be awarded to Trans Chemical Distributing Company or re-bid it, because of tax being added or not added. Mayor Lam explained that he has investigated this matter, and recommends that the bid be awarded as recommended because no bids were modified, and the tax is paid by the supplier. Mr. Berzina explained that tax was not a line item bid. This left it out of our realm. He believes it is not in the City' s best interest to re-bid it. Councilor Thompson stated he discussed this bid situation the day after the deadline, and finds it disturbing. Mayor Lam pointed out that this is a normal process for bidders to call. They are public records after bids are opened. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None Item lla RESOLUTION NO. 39-92 RESOLUTION TO APPROVE CHANGE ORDER NO. 12 FOR RIVER ROAD WASTEWATER TREATMENT PLANT MODIFICATIONS AND ADDITIONS PROJECT 883 Item lla, cont'd. Moved by Councilor Hughes that Ordinance No 39-92 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 RESOLUTION NO. 40-92 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE LUCY PARK POND PROJECT Moved by Councilor Hughes that Resolution No. 40-92 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, Martin, and Kirkham Nays: None The City Council recessed at 9: 40 a.m. , and reconvened at 9: 55 a.m. Item 12a James Kellett, Star Route, Box 101 , Henrietta, stated that he lives at Lake Arrowhead. He expressed his concern about expiration of leases, and the option to renew. He was also concerned about notification of these events. He stated that the City Clerk explained to him that she did not think they would be sending a notice. They have received an annual notice for 24 years of the annual due date. He requested that the City continue sending out a notice, at least this year, and remind those who need to exercise their option. He complimented Mrs. Thomas and Mrs. Welch on being very cordial in working with them. Mayor Lam explained that he had heard from some of these lessees, and understands the problem. It was discussed at the last meeting and determined that notices would not be sent out. He explained that like any landlord you may have a tenant that may be undesirable and would like to get rid of. It is a very tough problem we are wrestling with, and feels we need to re- look at it. Mr. Berzina explained that the lease specifies that the lessee has the responsibility to take care of this. Several of them are no longer in the area, and cannot be found. The City would not have to prove they give notice. Mr. Kellett also noted that Mrs. Thomas would not take his money for renewal, but took another one whose lease did not expire this year. 884 Item 12a, cont'd. Mrs . Thomas addressed this matter, stating they did not believe they could accept payments on expiring leases prior to written notification from the lessee that they desired to exercise their option to renew for the second 25 years, when options have not, nor may never be requested. She further stated that it was explained to all who either called or came into the office that their lease payment would be accepted at the time they came in to sign the new lease. She also stated they are working very hard toward a goal of having the options executed by June 1, 1992 . Mr. Kellett asked about the City' s position on not re- leasing these lots that have been turned back. Mr. Berzina explained that the Council had instructed them that they would not be re-leasing until the litigation has been resolved. There is also very little interest in selling these lease lots, and they would not sell down 50 feet from the water' s edge. The City' s primary concern is for the City' s water supply. Karen Griffith, Timberlake Apartments, appeared as an employee of Atlantic Southeast Airlines. She thanked Councilor Loughry for his assistance. She complained about security at the airport, carpet cleaning at 10: 00 at night, deposit on employee parking lot key, rats, dirty bathrooms, and lack of a full service restaurant. Mr. Parker explained that he had talked to the company about security. He stated it was the airlines choice for employees to secure the building at night, stating it was not the City' s choice. Mayor Lam noted that we will need to look at the City' s responsibility and what the employer has agreed that his employees will do. Mr. Berzina pointed out that we lease a lot of city facilities, and security is not included in that. He is convinced that if a restaurant could make it, they would be out there. We have had several people try it, and it has not worked. The problem is that the number of people who eat there is not enough to keep it open. Mayor Lam agreed with the City Manager. Item 12b Councilor Loughry asked about sewer back-up at Kenley. He also mentioned parking of vehicles on Kenley, behind Whataburger. Councilor Loughry asked about school busses beeping their horns on a stopped bus to pick up handicapped school children. He would like for the ordinance to be reviewed which was passed in 1964. Mr. Humbach stated he is aware of this complaint, stating it concerns apartment residents working on the third shift who have just gone to bed. Councilor Loughry also requested a report on profits and losses on the county vehicle maintenance contract. Councilor Martin stated that an agency came to them and asked for volunteers at the police and fire museum. He also suggested that consideration be given on naming a downtown park as Bud Daniel Park where the police station once stood. 885 Item 12b, cont'd. Councilor Kirkham again mentioned the problem of disposing of oil in garbage cans. There are certain places available to take oil for disposition. He also asked about the status of Maurine and Red Fox, and Mr. Bonnett stated it is about ready to go. He also noted five calls he had received in which he was told that a city employee told them to call their councilman. He suggested that Mr. Berzina handle this. Councilor Thompson noted that drainage problems at the Pioneer Liquor Store on Burkburnett Road need attention. He also commented favorably on the downtown revitalization. It was suggested that the City review the possibility of using seized funds for the demolition program. Item 12c George Bonnett addressed the refuse service in the Bonny Homes area. One of our trucks has been running the wrong way on a one-way street because of side loading. Property owners have been notified they would change 22 residences to manual pickup. Chief Harrelson explained that federal monies are available to fund a first year task force on youth gangs. It is on a graduated scale, and would require the City to add additional officers to do this. They utilize the tactical team for this. He suggested we continue to utilize this team, unless they want to add additional officers. Item 12d The City Council recessed into executive session at 11: 00 a.m. , according to Article 6252-17, Sections 2(e) and (g) , VACS. The meeting reconvened at 12: 36 p.m. Item 12e Moved by Councilor Kirkham that the following be appointed to the Downtown Revitalization Committee. a. Gary Baker b. Jerry Nabors c. Linda Beltchew d. Bob Seabury e. David White f. Guy Dunn g. Ronnie Hamilton Motion seconded by Councilor Hughes, and carried unanimously. Mayor Lam requested that all applicants work very closely with this committee. The Council would encourage them to attend this committee meeting to have their input. 886 The City Council adjourned at 12: 40 p.m. PASSED AND APPROVED this the � �day of k�(� v , 1992 . i' Michael Lam, Mayor ATTEST: i : Wilma J. Thomas, CMC/AAE City Clerk l 1 3 'S {i 9 S 4 d 1 AO"&