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Min 02/02/1988 739 Wichita Falls, Texas Memorial Auditorium Building February 2 , 1988 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. Charles Harper Mayor John Hirschi Charles Thomas Angus Thompson Ruth Ann Allred Councilmen Ron Buffum 1 Don Kirkham i James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by John Payne, All Saints Episcopal Church. Charles Harper, Mayor, noted the death of a former Superintendent of Schools, Mr. Joe B. McNiel, and read a poem in remembrance of him. Charles Harper, Mayor, read a proclamation for Child Passenger Safety Awareness Week. He also read a proclamation for Hospitalized Veterans Week, and presented it to Audrey Kitt. Item 3 Corrections were made to the minutes of January 19, 1988, as follows: In Item 12a, strike the last sentence in the third paragraph; change the word "buy" to "sell" in the next to last paragraph of Item 13b; correct the name in Item 10c from "Singer" to "Grimsinger" . Moved by Councilman Kirkham that minutes of the meeting held January 19, 1988, be approved as corrected. Motion seconded by Councilman Thompson, and carried unanimously. Item 4a Michael N. Rubenzer, of Public Utilities Department, was honored as Employee of the Month for February. Charles Harper, Mayor, presented him with a plaque, City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4b Richard Waters, Consultant with HBW Associates, presented a final report on the library study. They have organized the report in thirty-nine recommendations, placed in order of priority for a systematic method of implementation. Primary recommendations include developing a mission statement, form a Wichita Falls Library Consortium, and adopt a policy of strong commitment of service to children. 740 Item 4b (Cont) Planning guidelines were offered. The City should make a commitment of a long period of time for implementation of the guidelines. Personnel was addressed. This is the key area on which to focus attention. A service area is only as good as the people who work for it. A five-year goal of getting the personnel structure in place should be set. In-service training is needed to improve the level of service. Volunteers should be recruited, utilized, trained, and evaluated the same as permanent staff. Productivity of the staff can be improved by analysis of work routines. Mr. Waters addressed library collections, stating that this is probably the major weakness of the library. This is not a process that happens quickly. There is a need for a major weeding of the collection. It is never a completed project. As to library facilities, if a branch in the Southwest part of town and a central library in the greater downtown area were properly sited, there is no need for another library in Wichita Falls for a long time. one in a central location could be a new building, or renovation of another building. The present building has no longterm future for library service in Wichita Falls. A lease facility should be pursued as soon as possible in the short term. More than one branch library would make a much greater cost than what they have outlined for the City. Automation of the library should be considered. He also noted that recent changes in service hours are fine. He would also recommend closing the library at 5: 00 P.M. on Fridays. The library could be extended into the community by forming a Friends of the Library Support Group. Councilman Hirschi asked questions about construction costs. Mr. Waters felt that $100 per square foot would not be far off for a turn-key job, not including the land. He believed this would be good for the next twelve to eighteen months for the building climate in Texas. Mr. Waters recommended a 60,000 square foot central library, and a 23 , 000 square foot branch library. Councilman Hirschi also asked about working with Midwestern State University for library space. Mr. Waters felt that it would be very difficult to work out an effective relationship with Midwestern to use their library. They would have to put the needs of their students, faculty, and staff at a much higher priority than a public library. He also feels the public would find it unacceptable to find their materials within the confines of that library. He believes they do not have adequate space for both, nor does it offer the needs of the city. Councilman Allred noted that Mr. Waters has really painted for us a grim picture of the operation we have in Wichita Falls. Mr. Waters reviewed the tables on Pages 30 and 31, stating that Wichita Falls ranked fifteenth in population, seventeenth in holdings, nineteenth in holdings per capita, twentieth in circulation, and eighteenth in circulation per capita. The turnover rate was discussed. We are right at the bottom in total expenditures, stating that if we are low in expenditures we will be low in all the others. It was noted that if we eliminated books that were not needed, it would result in a thirty to forty percent reduction in our holdings. 741 Item 4b (Cont) Mr. Waters again noted that the staff needs to be upgraded. Sixty percent of the library should be spent on salaries and benefits for an upgraded facility. Councilman Hirschi asked Mr. Waters to comment on the salary level they are offering. Mr. Waters stated that $30,000 to $35,000, with a reasonable benefit package, would be an acceptable starting point if the Council and staff are willing to make a commitment for upgrading. He suggested that they hire someone who is on the way up, and who would be here for three to five years. This offers an opportunity to upgrade the library. Councilman Hirschi asked about something he promised them on a survey, and Mr. Waters stated that he owes the City two things, one of which is job descriptions. Mr. Berzina noted that there was a conversation at the last council meeting on hiring a librarian, at which time he stated that it needed to be done right away. He believes the more he looks at the study the more important it is to get someone on board as soon as possible. He believes the salary range is realistic. He has expressed a willingness to take the figure of $29,000 up. If this body, or their successors, are willing to make a commitment, the library can go places. He feels it is difficult to have a branch library until we have a good main library. He wants to look at Kemp Library as how useable it is for expansion. He feels the study is good, and applauded him for the work done on it. Charles Harper, Mayor, noted that he is here because this and previous councils realized there is a need, and they did not know how to go about filling this need. Councilman Thompson commended Mr. Waters for this study, stating that he was opposed to it at first. He believes they are going to put forth an effort to implement at least part of this. Based on the survey, there was not a clear issue on the library use. He would hope that holdings could reflect a complete culture of our community. Mr. Waters stated that development of a library collection should be by the staff, but they should be responsive to the needs of the community and Library Advisory Board. Tommy Pipes and Rosemary Capps were present as members of the Library Advisory Board. They wholeheartedly recommend this study. Mr. Pipes stated they believe it is a very common sense approach to the problem. There are some things they can start on immediately, and others are long-range and costly items. They believe these recommendations will serve the needs of its citizens in the future. The Library Board expressed support in putting as many of these recommendations in place as they can. Councilman Buffum commented that their report card is not very good, and wonders how we got where we are? Mr. Pipes stated that he feels it may have been indifference and neglect. It was not something that has happened in the last few years. Councilman Thomas stated that from his advisors, it was because of the staff and past city managers that neglected the library. Since Mr. Berzina has brought Miss Houseworth on board, there has been more work done on this than in the last twenty-five or thirty years. It is not this administration, but those in the past. Mr. Berzina noted that the quality of life is not measured by the tax rate. You have to say what it takes to make a good community, and then set the tax rate for it. Moved by Councilman Allred that the report be received. Motion seconded by Councilman Buffum, and carried unanimously. 742 Item 4b (Cont) Charles Harper, Mayor, suggested moving the date for the mission statement and policy commitment up to the first meeting in May, so that this Council may act on it. The ordinance should be passed in May, 1988. The library board will request mission statements from another good library. Miss Houseworth stated that they are shooting toward mid March to have a librarian on board. Item 4c Louis Parks presented information on location of the farmers market. He stated that management is needed. Mrs. Ozuna spoke of her concern about drug abuse in the city. Sammy Pratt, 1506 Red Fox, discussed Lynwood East Park, noting a petition with 104 signatures on it. He stated that they are concerned about their homes. No parking signs have been put up on the park side. They now park on the side of the residences, and there is no place for the residents to park. He requested relocation of the basketball court. He hopes they will take this petition and study it, and come back with a solution so that they may have harmony. He suggested another location for a half court near the activities center building in the park. He stated that it is no longer a neighborhood park. They are coming from outside the neighborhood. Mr. Berzina stated there are some issues, and we can look at it, but when you try to restrict parking you run afoul of some court decisions. It is not just a matter of passing an ordinance. It is not legal to say we are giving preferential parking on the right-of-way. Mr. Pratt stated that he believes they would not have this problem if the basketball court was not there. Charles Harper, Mayor, stated that the times he has been out there, they have not been near the basketball court, but sitting on the curbs. Mr. Pratt stated that they park just close enough to say they are not blocking a drive. Councilman Hirschi felt they should explore what they can do. We should look at alternatives or moving the basketball court, and provide for parking. Councilman Thompson stated that he suggested some time ago that parking be provided in the park. It seems that no matter what is suggested, they come up with another group that is not satisfied. This needs to be solved one way or another. Councilman Kirkham asked if Mr. Berzina and his staff would solve this problem of the basketball court and parking in Lynwood East Park? Mr. Berzina stated that they would attempt to solve it. Charles Harper, Mayor, suggested that the police enforce the noise ordinance more often. Councilman Thompson cautioned that they don' t want to do anything that would cause animosity for Mr. Pratt. Councilman Thomas noted that activity in the park would clean it up quicker than anything. Mr. Pratt mentioned foul language, dope, and drinking. Only about ten people object to moving the basketball court. 743 Item 4c (Cont) Mr. Berzina wants to look at it, and talk to different groups to see what can legally be done, and bring back a recommendation to the Council as an agenda item. Linda Skiles, 3130 Jacqueline Street, stated that her son has a pet rooster, which was formerly a fighting rooster. At the time the rooster was given to them, they did not realize there was an ordinance against having it in the city limits. The have complied with the distance requirements for fouls. Animal Control has asked them about the rooster. They would like to be able to keep the rooster. She stated that she did not want the Council to change the law. Dr. Cox stated that no roosters are allowed in Wichita Falls. They would have to change the law. They received a call from someone about this rooster. Mrs. Skiles asked if there is any way they can get some kind of exception to the law? Mr. Berzina explained that the staff cannot give these waivers. The only format left to us is to put it back on the agenda for consideration. Charles Harper, Mayor, suggested that it be placed on the agenda for consideration, and that other people should appear and give their side of the complaint. They agreed that the rooster could stay until a decision is made. Betty Parks, 307 Taylor, would like to know what has been decided about the farmers market. Charles Harper, Mayor, stated that they have not decided anything. Mr. Berzina stated that they have prepared a memo. Since funds are already appropriated this year, it would be better to leave it as it is now. Councilman Hirschi asked about fees and collections. Mr. Berzina explained that vendor stalls are $16 . 00, and $8. 00 for farmers stalls. Councilman Hirschi was concerned that they do an appropriate job of collecting fees. Councilman Thomas hopes this item does not come back because it is part of the budget process. Mr. Berzina noted that the memo will be distributed. He also stated that he is confident that they are not losing money out the back door. If no one wants it brought back it will be left like it is now for this budget year. Item 4d Councilman Hirschi mentioned a letter from the Senior Golf Association. Mr. Berzina stated that what he is talking about has already been accomplished. The City has no requests for additional consideration. In July the will be discussing the $89,000 concession to their group. The concessions go off on July 1, unless the Council changes it. Councilman Thomas stated that he does not believe we will ever make everyone happy at Weeks Park. Seniors is a subject that we continually talk about, but we won' t have any seniors unless we have a youth program. He believes we have a staff that can handle this. Councilman Hirschi asked about more information on the junkyard ordinance. Mr. Berzina stated that meeting will be held. 744 Item 4d (Cont) Dr. Cox addressed reports on water tests, stating that it takes about five hours to generate the information sent to the Council. The time will be reduced significantly when they can get it on the computer. Assistant City Manager Louise Houseworth stated that a Texas Alcohol and Drug Abuse meeting has been set. Councilman Buffum noted that $100,000 has been approved toward a detoxification center. It is now up to the city to obtain these funds. He feels most of the funds should come from foundations, etc. Councilman Thompson asked about the 312 Loan Program? Mr. Berzina will put the information in report form for them. Councilman Hirschi stated that some people have urged him to specify adult entertainment zones. Mr. McKinney stated that some information on this is coming to the city. Charles Harper, Mayor, suggested that he contact Boston for information. Councilman Allred asked about lights at the waterfall. Mr. Berzina stated that it is scheduled to be changed when they install lighting along the trail. He believes we are going to do it ourselves. Mr. Parker stated that they are going to try to get them installed before the end of the month. He plans to light the face of the water as it comes off, with flood lighting on each side. Charles Harper, Mayor, mentioned the parking problem at the falls. It was noted that the first phase of the TIF Zone would call for parking. Councilman Kirkham noted that the alley behind Hooper Street is paved, except for about five houses. Also, there is a suspected sewer leak in the alley behind Dewey Street. He also noted that people are parking on both sides of the street in the area of Enterprise where the bingo parlor is located. He also asked about the proposal for employee of the month. Mr. Berzina stated that they feel that changing this award might cause more ill effect than good effect. Charles Harper, Mayor, stated that he had done considerable research, and found that some cities call the elected officials Councilors. He would hope that we would start doing this. Charles Harper, Mayor, commented that several persons will be going to Arlington within a few days to appear before the Transportation 2020 Committee for interstate designation of U.S. 287, and other transportation needs. Councilman Thompson stated that he would hope that the Council would establish a task force to study housing within the city. He mentioned deterioration and lack of suitable housing in the city. He requested the City Manager to bring some ideas to the Council at a later date. Councilman Thomas stated that he attended a meeting on this at the National League of Cities. The Mayor of Washington has a plan which he hopes the City will obtain. Charles Harper, Mayor, noted a program on the homeless in Wichita Falls. Councilman Thompson stated that the Section Eight program will soon expire. 745 Item 4d (Cont) The City Council recessed at 11: 10 A.M. , and reconvened at 11 : 25 A.M. Councilmen Buffum and Thompson were delayed. Items 5a - 7d Items 5b and 6a were moved to the regular agenda. Moved by Councilman Kirkham that the consent agenda be approved. Motion seconded by Councilman Hirschi. Item 5a Resolution No. 21-88 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Allred, and Kirkham Nays: None Item 7a Minutes of the meeting of the Mayor' s Commission on the Status of Women held December 3 , 1987, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, and Kirkham Nays: None Item 7b Minutes of the meeting of the Task Force on Handicapped held January 5 , 1988 , were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 7c Minutes of the meeting of the Employee Benefit Trust Committee held January 14, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 7d Minutes of the meeting of the Board of Electrical Examiners held January 14, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum and Kirkham Nays: None 746 Item 5b Resolution No. 22-88 RESOLUTION TO APPROVE ENGINEERING CONTRACT FOR CONSTRUCTION OF CYPRESS 5MG GROUND STORAGE WATER TANK Moved by Councilman Kirkham that Resolution No. 22-88 be passed. Motion seconded by Councilman Thomas. Councilman Hirschi asked why we are spending $24,000 for the plans for this? Mr. Berzina stated that this replaces the tank that collapsed. They are trying to work this out with five other parties. They would like to have the same tank, but it will have to be moved to another site. Site engineering will be required at another location. Councilman Hirschi stated that this cost seems excessively high, considering the liability of the engineer on the old tank. Mr. Bonnett stated that the relocation tank will require a totally different piping position. The tank has been re-sited very carefully. Councilman Thompson stated that he was also very surprised when he saw the firm that would be doing this. If we are going to be competitive and go outside with other things, we should also be looking at outside engineering firms. He cannot ignore the fact that we have spent thousands of dollars, and have received no service. Somebody has to be accountable. Councilman Thomas stated that the tank that was first built was in perfect shape, except for the property next to it. He feels our Engineering Department is watching them very closely, and believes this is a reduced fee to help make up for that. Councilman Hirschi asked Mr. Bonnett if he had bargained with them as hard as possible? Mr. Bonnett stated that he believes this is an equitable arrangement under the present ground rules. Charles Harper, Mayor, commented that he would not want to judge the ability of a firm by one thing that has happened in the past. Councilman Hirschi was opposed to spending $65 , 000 essentially for plumbing. Councilman Thompson stated that we paid for it once, and he does not see why we should pay for it again. Councilman Thomas noted that this is in court and has not been decided. This will be a new tank at a different location. We might end up with two tanks. Three are really needed. Mr. Berzina noted that regardless of who is at fault, we need the tank. Preload, who built the tank, is not going to build it free. This appears to be the latest negotiation process to get the tank that is needed. He stated that we are not locking in any future contracts with this firm. Councilman Thompson called for the question. It was seconded by Councilman Kirkham, and carried unanimously. The motion for Resolution 22-88 was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Item 6a Resolution No. 23-88 RESOLUTION ACCEPTING BID OF PALCO MECHANICAL CONTRACTORS, INC. , FOR INSTALLATION OF THREE AIR CONDITIONERS AT POLICE HEADQUARTERS 747 i I Item 6a (Cont) Moved by Councilman Hirschi that Resolution No. 23-88 be passed. Motion seconded by Councilman Thompson. Councilman Thomas asked about the number of air conditioners on the roof of the police station? He was concerned about roof repair, stating that if it is needed he would hope that they don' t have to lift these air conditioners off to repair the roof. They have specified that the Carrier air conditioners be lifted on the roof. Carrier is compatible with what we have. Councilman Thomas urged that they look at the roof before new air conditioners are installed. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8a Ordinance No. 10-88 ORDINANCE CHANGING THE TIME OF THE SECOND MONTHLY MEETING OF THE CITY COUNCIL TO 8: 30 O'CLOCK A.M. Moved by Councilman Thomas that Ordinance No. 10-88 be passed. Motion seconded by Councilman Buffum. Councilman Hirschi asked if there are any direct costs for staff members at night meetings? Mr. Berzina stated that the FLSA allows administrative leave to be taken by certain employees after 50 hours a week; however, only 40 hours can be accumulated, and most people lose it. A cost factor is hard to determine. Councilman Buffum noted that we have seen a decrease in attendance at night meetings. With our play-back capabilities, it is time to go back to day meetings. Charles Harper, Mayor, noted that it is much more difficult to make decisions late at night. Councilman Kirkham stated that he had also hoped they would get greater attendance from the public at night, but only in those areas of greater controversy do we get greater attendance. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum and Kirkham Nays: Councilman Hirschi Item 8b Ordinance No. 11-88 ORDINANCE REPEALING RESOLUTION NO. 39-82 , AS AMENDED BY RESOLUTION NO. 219-83 , AND AMENDING ARTICLE VIII, DIVISION 2 OF THE CODE OF ORDINANCES, COMBINING THE CITY TRAFFIC COMMISSION AND THE WICHITA FALLS CITIZENS TRAFFIC SAFETY COUNCIL AND ESTABLISHING THE TRAFFIC SAFETY COMMISSION 748 Item 8b (Cont) Moved by Councilman Kirkham that Ordinance No. 11-88 be passed. Motion seconded by Councilman Hirschi. Mr. Berzina explained that recommendations from this commission would go to Mr. Parker. It was noted that bicycles are included in the definition of traffic. Moved by Councilman Hirschi that the ordinance be amended to include a member of the bicycle club, and six citizens from the city who are interested in traffic safety; one shall be appointed at large, and one from each of the Council districts. Motion seconded by Councilman Thompson, and carried unanimously. Councilman Kirkham commended John Eckert for an excellent job on this ordinance. The motion for passage of the ordinance, as amended, was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9a Resolution No. 24-88 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH VALU-LINE OF WICHITA FALLS, INC. FOR PROVISION OF LONG DISTANCE SERVICE Moved by Councilman Buffum that Resolution No. 24-88 be passed. Motion seconded by Councilman Allred. Councilman Thomas asked how we determine savings without looking at maintenance, product quality, etc? Ray Sanders, Data Processing Administrator, stated that maintenance of the existing system was compared to maintenance of the long distance carriers. The only other maintenance involved is currently under our existing contract. He addressed several questions posed by Councilman Thomas. The manager of Valu Line, Mr. C. D. Kreiling, stated that they have been in business since 1983 . He addressed the question of the system being down, stating that they have not had any down time. He explained cost per minute for several locations, which is less than the City is currently paying. If a call does not take 46 seconds, they will not be billed for it. They can give a code to determine where the call is coming from. Mr. Sanders explained that the process we presently have still records the extension from which the call was made. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum and Kirkham Nays: None 749 i Item 9b A proposed resolution was presented approving first amendment to contract for catering services at the Wichita Falls Activities Center. A motion was made by Councilman Thomas, and seconded by Councilman Allred, for its passage. Assistant City Manager Louise Houseworth explained the definition of Licensee by stating that it is someone who rents the facility. Councilman Hirschi was also concerned if the Activities Center means building only, or building and grounds. Miss Houseworth stated that it is building only. Discussion continued on various events which are held at the Activities Center at which food is provided. Miss Houseworth stated that they would not be allowed to use the kitchen. Councilman Buffum expressed concern about exclusive right. Miss Houseworth explained that Cantu was losing some large business to other caterers. She also stated that they would not be willing to negotiate with other service groups on exclusive rights. Councilman Thomas noted that meals are served every day in the Activities Center, and do we take a chance of damaging our daily meals on specialty events? Any food brought in would have to be prepared by the licensee, including wedding cakes. Moved by Councilman Thompson that this matter be tabled for further clarification. Motion seconded by Councilman Kirkham, and carried unanimously. Item 9c Resolution No. 25-88 A RESOLUTION ESTABLISHING THE 1990 CENSUS TASK FORCE Moved by Councilman Allred that Resolution No. 25-88 be passed, with fifteen members. Motion seconded by Councilman Hirschi, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 9d Resolution No. 26-88 RESOLUTION APPROVING PARTICIPATION IN THE SOUTHWESTERN BELL FRANCHISE STEERING COMMITTEE Moved by Councilman Hirschi that Resolution No. 26-88 be passed. Motion seconded by Councilman Buffum, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi, Thomas, Thompson, Allred, Buffum and Kirkham Nays: None 750 Item 10a Mr. Berzina noted the work session on February 4 to discuss capital improvements and proposed charter changes. Item 10b The City Council recessed into executive session at 12: 36 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2 : 25 P.M. Item 10c Moved by Councilman Thomas that the following board appointments be made. a. Human Relations Commission - Terms to expire December 31, 1990 James P Maloney and Jettie Ann Ward - Reappointed Harry P. Howitt - replacing Dr. Barenberg K. Thomas Bose - replacing Barlow Hill Leslie (Woody) Steward - Chairman b. Water Resource Task Force - Joe M. Brown, Travis E. Meyer, and Michael James Murphy Motion seconded by Councilman Kirkham, and carried unanimously. The City Council adjourned at 2: 30 P.M. f PASSED AND APPROVED this X-' day of -u_�l.�. , 1988 . harles Harper, r ATTEST: j> 'Wilma J. Thomas, CMC/AAE City Clerk