Min 01/18/2000 10
Wichita Falls, Texas
Memorial Auditorium Building
January 18, 2000
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:
Kay Yeager - Mayor
Arthur Bea Williams - Councilors
Dan Shine -
James Esther, Jr. -
Bill Altman -
Johnny Burns - -
Bud Beaty -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Yeager called the meeting to order.
Reverend Robert Mitchell, Church of the Savior, gave the invocation.
Item 3
There were no presentations.
Item 4
Melvin Barmore, 4729 Alamo, requested a sidewalk waiver for the property located at
5240 Deer Creek. Mr. Barmore informed that this was his second appearance before Council
on the same issue.
Councilor Shine asked that this request be placed on the next Council agenda.
Councilor Beaty and Mayor Yeager concurred. Mayor announced that this item would be on
the February 1, 2000 Council agenda.
Bob Peyton, 4622 Willowbend, Chair, Complete Count Committee for 2000 Census,
stated that he would have liked to bring the City approximately $4.5 million. Unfortunately, he
cannot because the last time a census was done the City of Wichita Falls was undercounted by
at least 3000 people. That resulted in a net loss of about $4.5 million over the past ten years in
possible granting funds. We want to make sure that the City is counted to the very maximum
this time. Mr. Peyton informed that this is the first census year that the federal government has
devised an all-out advertising campaign throughout the country and we would like to do the
same here. We are working in earnest and we want to come back and be on the next agenda
to request funds for local advertising. We will prepare documents beforehand for Council's
review.
Mayor commented that if the City reaches the 100,000 plus population mark in this
census it would open the door to a lot of grants for the City especially from the federal
government. It is extremely important that we get as accurate a count as possible.
City Manager commented that the ability of the City to get grants based on population
has greatly diminished. It is somewhat misleading for us to hear that there are $4 million out
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there, but we do not know where those funds are. He felt the benefit would be more in the area
of television stations, news media, and possibly in the area of schools. He pointed out that
federal dollars, which we should be applying for, are allocated to the Dallas Region . He
suggested that Mr. Peyton come back in two weeks and report what efforts have been made to
get those dollars, rather than just coming to the City where there is questionable value for what
he is asking.
Mr. Peyton stated that they would also be applying for funds to the Dallas Regional
Office, as well as other sources. We hope to have an answer for you before we come back to
Council. Their main concern is to see that the count is done right.
Item 5
The Minutes were approved as distributed.
Items 6a-8b
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Altman that the Consent Agenda be approved.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 6a
RESOLUTION NO. 05-2000
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE TO
THE WICHITA FALLS YMCA FOR USE OF BALLFIELDS IN KIWANIS AND JAYCEE
PARKS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 7a
Bid was awarded to Hi-Tech Signals, Inc. in the amount of$75,600.00 for the City's
annual supply of traffic control equipment.
Item 7b
Bid was awarded to Hodges Truck Center in the amount of $101,866.70 for the
purchase of a 60,000 GVW water truck.
Item 7c
Bid was awarded to Roll-Offs of America in the amount of$12,355.00 for the purchase
of 3-cubic yard and 4-cubic yard front-load waste containers, and to Fugua Enterprises in the
amount of $8,205.00 for the purchase of 8-cubic yard waste containers.
Item 8
Minutes of the following Board & Commission meetings were received.
a. Traffic Safety Commission — November 3, 1999
b. Planning and Zoning Commission — December 8, 1999
Item 9a
A public hearing was held on hazardous structures.
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Item 9a (continued)
Mayor declared the public hearing open.
Mr. Dean Runnels informed that the property owners had been notified.
Johnny Barone, 2308 Talunar spoke on the property located at 1329 33d Street. He
informed that he purchased this property unaware that it had been red tagged. He requested
additional time to repair it. Mr. Runnels stated that the structure was repairable and Code
Enforcement has no problem with allowing Mr. Barone time to repair it.
Mayor informed Mr. Barone that he is being granted a six month extension to comply
with City Codes including considerable work completed on the structure.
Mayor declared the public hearing closed.
Item 10a
ORDINANCE NO. 07-2000
ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS
AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY
OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY
(30) DAYS OF THE DATE OF THIS ORDINANCE; DECLARING AN EMERGENCY;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Williams that Ordinance No. 07-2000 be passed with Item 1, 1329
33`d Street, being added to Exhibit A with a sixty (60) day extension to comply with City Codes.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10b
ORDINANCE NO. 08-2000
ORDINANCE PLACING A MORATORIUM ON CERTAIN PROVISIONS UNDER
SECTION 6800, LANDSCAPING REGULATIONS, OF APPENDIX C, ZONING
ORDINANCE, IN RESPONSE TO RESTRICTED WATER USE; PROVIDING FOR
ESCROW IN LIEU OF INSTALLATION; DECLARING AN EMERGENCY; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Altman that Ordinance No. 08-2000 be passed.
Motion seconded by Councilor Williams.
Councilor Altman suggested extending the requirement to install landscaping vegetation
after release of the ban from 30 days to 180 days. This extension would take the vegetation into
an appropriate growing season.
Moved by Councilor Altman to amend Section 3 of the proposed ordinance by replacing
the thirty (30) days with one-hundred eighty (180) days. Section 3 would read as follows:
"Upon the release of the ban or restriction on water use, the landscaping vegetation shall be
installed within one-hundred eighty (180) days unless evidence is provided to support the need
for additional time, and as approved by the Department of Community Development."
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
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Item 10b (continued)
Nays: None
The original motion as amended carried by the following vote.
Ayes. Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10c
ORDINANCE NO. 09-2000
ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER
FUND FOR PURPOSES OF FUNDING THE AMENDMENT OF THE ENGINEERING
SERVICES CONTRACT WITH CORLETT, PROBST & BOYD, INC./CAMP DRESSER
& MCKEE FOR THE JASPER WATER TREATMENT PLANT PRELIMINARY
ENGINEERING REPORT; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Williams that Ordinance No. 09-2000 be passed.
Motion seconded by Councilor Burns.
The need for the City to secure water rights was emphasized.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Ester, Altman, Burns, and Beaty
Nays: None
Item 11 a
RESOLUTION NO. 06-2000
RESOLUTION TO AMEND THE ENGINEERING SERVICES CONTRACT WITH
CORLETT, PROBST & BOYD, INC./CAMP DRESSER & MCKEE ENGINEERING
REPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Altman that Resolution No. 06-2000 be passed.
Motion seconded by Councilor Beaty.
Mayor informed that the Council Water Committee consisting of Mayor, Councilors
Williams and Altman had met with Mr. Bonnett, staff, and other parties involved. They reviewed
this proposal and had an opportunity to ask questions and were pleased with the responses
they received and with the rapidity with which they will come back to the Council.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 11 b
A proposed resolution was presented authorizing the City Manager to execute a
contract for ambulance service to Laidlaw Medical Transportation, Inc., d.b.a. American Medical
Response.
Moved by Councilor Altman that proposed resolution be passed.
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Item 11 b (continued)
Motion seconded by Councilor Williams.
Mr. Robert Powers informed that this is a three year contract extension with a 3%
increase in the base rates. The performance bond was increased from $100,000 to $500,000
and the provider is required to provide a 90-day advance notice prior to their last day of service.
Base rates, validation of those rates, and clarification of what was included were
discussed at length. Mr. Charles Grady, Director of American Medical Response, was on hand
to answer questions.
It was noted that it is deceptive practice to show a base rate that includes things other
than what Council specifically included in the base rate. Councilor Altman felt that the
additional fees charged for medical control and infection control should be a part of the base
rate. There was a concern that the citizens did not know that additional charges were added to
the base rate. Council also expressed concern regarding what a reasonable base rate is, what
is included in that base rate, and how the base rate is determined. This needs to be clarified.
Moved by Councilor Altman to table this item for two weeks in order that these concerns
be addressed and issues clarified.
Councilor Shine requested additional discussion.
Councilor Altman withdrew his motion to table.
Councilor Shine referred to the $4.50/mileage rate and expressed concern of whether
that was a fair rate, and suggested that this rate also be reviewed. He also asked for
information on response time and how that is going to be managed.
Councilor Shine asked that at some point in the future Staff look into the viability of the
City having their own ambulance service.
Moved by Councilor Altman to table this item until the next Council meeting.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 11 c
RESOLUTION NO. 07-2000
RESOLUTION TO ENDORSE AN APPLICATION TO THE WICHITA FALLS SALES
TAX BOARD FOR PROJECT APPROVAL OF A PUBLIC SAFETY TRAINING CENTER
AND RELATED FACILITIES.; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Burns that Resolution No. 07-2000 be passed.
Motion seconded by Councilor Altman.
Discussion ensued regarding the need to hire a firm that is experienced in doing these
type projects and the cost savings involved.
Councilor Beaty expressed concern as to what was a fair and reasonable cost for this
particular step and felt that cost should be stated in the resolution. Mr. Robert Powers informed
that $73,000 was the cap for all the services.
Moved by Councilor Beaty to amend Section 2 of the proposed resolution to reflect that
the funds not exceed $75,000. Section 2 would read as follows: "The City Manager is hereby
authorized to request funds not to exceed $75,000 to obtain professional consulting and design
services for preliminary project design of the police and fire training center and police firing
range."
15
Item 11 c (continued)
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Original motion as amended carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 12a
Appeal by Cecil Wilkerson on denial of taxicab chauffeur's permit was considered.
It was noted that Mr. Wilkerson was not present.
Moved by Councilor Altman to deny Mr. Wilkerson's appeal.
Motion seconded by Councilor Williams.
Mr. Claudio Ramirez, Jr., Manager All American Cab, stated that he had spoken with
Mr. Wilkerson regarding his appeal. Mr. Wilkerson has been placed as dispatcher for All
American Cab.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 13a
Councilor Shine invited everyone to the Kiwanis Pancake Festival on January 29, 2000
at the MPEC Bridwell Agricultural Center.
Councilor Shine referred to the water situation and clarified that it was not the Council's
intent to stop the City's beautification program of planting trees.
It was noted that tree planting is being suspended due to the drought situation. Mr.
Murphy and his staff's efforts are much appreciated but at this time the City is forced to take
steps to preserve water.
Councilor Williams encouraged citizens to make application for membership on City
boards and commissions. She noted that we needed a pool of applications.
Mayor expressed appreciation to citizens and Staff in their efforts to conserve water and
asked that these efforts continue.
Item 13b
City Manager mentioned that a new level of programming has begun on the City
Channel regarding the state of the City. An added feature is that Council members will be
involved in discussion of specific City projects, opportunities, and problems. This is a way to
inform the citizens of what the City is doing and what some of the projects are.
City Manager informed that Council and Staff have done a lot of work on the water
situation. The City is looking at two particular water resources for a long-term water solution.
He congratulated Council for not focusing on this one problem but continuing to focus on other
projects in addition to the water situation.
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Item 13b (continued)
Councilor Altman commented on the television programs of which the Council and Staff
will be a part. He stated that this is an effort to allow citizens to receive information on what is
happening in their districts and an opportunity for them to have some input. There will be
published mail and email addresses so citizens can bring items to Council's attention that they
want to have discussed. He encouraged citizens to send in items of interest to them that they
want Council to address on the City Channel.
Mr. Jim Dockery presented Council with a new financial reporting sheet and informed
that monthly reports would be placed in Council boxes.
A brief video on the overpass beautification was presented.
Mr. Dave Clark announced that on February 4 between 2p.m and 4p.m. an open house
would be held on the eastside of the City for urban homestead housing opportunities.
Item 13c
City Council went into Executive Session at 10:45 a.m. as authorized by Section
551.074 of the Texas Government Code and Section 551.072 of the Texas Government Code.
City Council reconvened at 11:15 a.m.
Item 13d 1
Moved by Councilor Esther that Mr. Hughley Huddleston be appointed to the Clean
Community Commission with term to expire December 31, 2000. Mr. Huddleston will fill the
vacancy in Place 3.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 13d 2
Moved by Councilor Shine that Mr. James Bradberry be appointed to the Planning and
Zoning Commission with term to expire December 31, 2001. Mr. Bradberry will fill the vacant
Alternate 2 position, Place 11.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 13d 3
Moved by Councilor Shine that Mr. Chris Neeb be appointed to the Water Resources
Commission, with term to expire 12/31/2001. Mr. Neeb will fill the vacancy in Place 5.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
17
The City Council adjourned at 11:25 a.m.
PASSED AND APPROVED this day of w7, 2000.
KATRYN A. YYAGE
7
MAYOR
ATTEST:
Lydia Torres
City Clerk
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of
Wichita Falls, Texas To Be Held In The City Council Chambers Of
The Memorial Auditorium On Tuesday, January 18, 2000, Beginning
At 8:30 a.m.
City Council: Mayor Kay Yeager - Councilors Arthur Bea
Williams, Dan Shine, James Esther, William
Altman, Johnny Burns, and Bud Beaty
1. Call to Order.
2. Invocation: The Reverend Robert Mitchell
Church of the Savior
3. Presentations:
4. Comments From The Public To Members Of The City Council
On Items That Are Not On The City Council Agenda. (The Regular
Agenda will begin upon completion of public comments, or no later than 9:00 a.m.
Individuals who prior to this Council meeting signed up to speak, but could not be
heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the
meeting.)
5. Approval of Minutes
CONSENT AGENDA
6. Resolutions:
a. Resolution Authorizing The City Manager To Execute A
License To The Wichita Falls YMCA For Use Of Ballfields In
Kiwanis And Jaycee Parks. (City Council Bill #12)
7. Award of Bids:
a. Award Of Bid For The City's Annual Supply Of Traffic
Control Equipment To Hi-Tech Signals, Inc. In The Amount
Of $75,600.00.
City Council Agenda
Tuesday, January 18, 2000
Page 2
7. Award of Bids (cont'd):
b. Award Of Bid For The Purchase Of A 60,000 GVW Water
Truck To Hodges Truck Center In The Amount Of
$101 ,866.70.
c. Award Of Bid For The Purchase Of 3-Cubic Yard and 4-
Cubic Yard Front Load Waste Containers To Roll-Offs Of
America In The Amount Of $12,355.00, And For The
Purchase Of 8-Cubic Yard Waste Containers To Fugua
Enterprises In The Amount Of $8,205.00.
8. Receive Minutes:
a. Traffic Safety Commission — November 3, 1999
b. Planning & Zoning Commission — December 8, 1999
REGULAR AGENDA
9. Public Hearings:
a. A Public Hearing On Hazardous Structures.
10. Ordinances:
a. Ordinance Declaring Certain Structures As Dangerous, In
Violation Of Ordinance And Commanding Certain Action
With Regard To Same. (City Council Bill #13)
b. Ordinance Placing A Moratorium On Certain Provisions
Under Section 6800, Landscaping Regulations, Of Appendix
C, Zoning Ordinance, In Response To Restricted Water
Use. (City Council Bill #14)
c. Ordinance Making An Appropriation From Water And Sewer
Fund Equity To An Appropriate Operating Account For
Purposes Of Funding The Amendment To Engineering
Services Contract With Corlett, Probst & Boyd, Inc./Camp,
Dresser & McKee. (City Council Bill #15)
11. Resolutions:
City Council Agenda
Tuesday, January 18, 2000
Page 3
a. Resolution To Amend The Engineering Services Contract
With Corlett, Probst & Boyd, Inc./Camp, Dresser & McKee
For The Jasper Water Treatment Plant Preliminary
Engineering Report. (City Council Bill #16)
b. Resolution Authorizing The City Manager To Execute A
Contract For Ambulance Service to Laidlaw Medical
Transportation, Inc., dba American Medical Response. (City
Council Bill #17)
c. Resolution To Endorse An Application To The Wichita Falls
Sales Tax Board For Project Approval Of A Public Safety
Training Center and Related Facilities. (City Council Bill #18)
12. Other:
a. Appeal By Cecil Wilkerson Of Denial Of Taxicab Chauffeur's
Permit.
13. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
c. Executive Session:
(1) Consider Qualifications Of Possible Appointees To
The Planning & Zoning Commission As Authorized By
Section 551.074 Of The Texas Government Code.
(2) Discuss Possible Sale, Lease, Or Exchange Of Real
Property With The Wichita Falls Independent School
District For Site Of A Public Safety Training Center As
Authorized By Section 551.072 Of The Texas
Government Code.
d. Appointments To Boards & Commissions
(1) Clean Community Commission
(2) Planning & Zoning Commission
(3) Water Resources Commission
14. Adjourn.
Wheelchair or handicapped accessibility to the meeting is possible by
using the handicapped parking spaces, ramp and elevator located off the
east parking lot on Sixth Street entrance. Spanish language interpreters,
City Council Agenda
Tuesday, January 18, 2000
Page 4
deaf interpreters, Braille copies or any other special needs will be provided
to any person requesting a special service with at least 24 hours notice.
Please call the City Clerk's Office at 761-7409.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board
at Memorial Auditorium, Wichita Falls, Texas on the day of
, 20 at o'clock (a.m.)(p.m.).
City Clerk