Loading...
Min 03/07/2000 35 Wichita Falls, Texas Memorial Auditorium Building March 7, 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 Jerry Dingmore, Fairway Baptist Church, gave the invocation. Item 3 Tim Pierson, Fire Captain, Fire Department, was recognized as Employee of the Month for the month of March. Mayor presented Captain Pierson with a plaque, a City pin, dinners for two, transit passes, and a check. Mayor presented recognition certificates to the following National Merit Finalists for the year 2000. These students will be considered for a Merit Scholarship award. Josh Kingcade, Wichita Falls High School Beth Zarnow, Wichita Falls High School Katherine Hayes, Rider High School John Rice, Rider High School Mayor presented recognition certificates to the following All-State Choir and All-State Band Students. Kerri Lucy, Alto I, All-State Treble Chorus, Wichita Falls High School Megan Burlison, Alto I, All-State Mixed Chorus, Rider High School Lauren White, Alto II, All-State Treble Chorus, Rider High School Courtney Longcrier, Soprano I, Alto-State Treble Chorus, Rider High School Daniel Siegert, Trumpet, 4A All-State Concern Band, Rider High School Max Rau, Clarinet, 4A All-State Concert Band, Rider High School Mayor recognized the fourth grade Camp Fire group from Notre Dame and presented them with City pins. Item 4 Charles Barr referred to the water-rationing ordinance and asked that Council consider adding provisions for yard installation in newly constructed homes. He asked that they look at some concessions on the residential. 36 Item 5 The Minutes were approved as distributed. Items 6a-9d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Esther that the consent agenda be approved. 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 6a RESOLUTION NO. 23-2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONSENTING TO CHANGING CONTROL OVER THE CITY OF WICHITA FALLS' CABLE TELEVISION FRANCHISE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 24-2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE, MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6c RESOLUTION NO. 25-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBLEASE AGREEMENT WITH THE UNITED STATES OF AMERICA FOR A 40' X 50' PLOT OF LAND AT THE WICHITA FALLS MUNICIPAL AIRPORT; 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 Darr Equiipment Company in the amount of $453,682.00, for the purchase of a 20-yard dual engine scraper. Item 7b Bid was awarded to Bruckner's Mack in the amount of $221,751.00, for the purchase of three 50,000 GVW trucks with 14 cubic yard dump body. Item 7c Bid was awarded to Kawasaki City in the amount of $16, 226.00, for the purchase of two 4-wheel drive utility vehicles. 37 Item 7d Bid was awarded to Ag Power in the amount of$30,765.00, for the purchase of three 72" riding mowers. Item 8a RESOLUTION NO. 26-2000 RESOLUTION TO ACCEPT THE PHASE 3 SANITARY SEWER IMPROVEMENTS COLLECTION SYSTEM LINING PROJECT AND AUTHORIZE FINAL PAYMENT TO BRH-GARVER, INC; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 8b RESOLUTION NO. 27-2000 RESOLUTION TO ACCEPT THE 1999 STREET RECYCLING AND RESURFACING PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 8c RESOLUTION NO. 28-2000 RESOLUTION TO ACCEPT THE HOLLIDAY CREEK MANHOLE SCOURING PROTECTION PROJECT AND AUTHORIZE FINAL PAYMENT TO CREATIVE 4 CONSTRUCTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 9 Minutes of the following Board & Commission meetings were received. a. Wichita Falls—Wichita County Public Health Board — December 17, 1999 b. Board of Electrical Examiners—January 13, 2000 c. Clean Community Commission — February 3, 2000 and February 14, 2000 d. Commission on Human Needs — February 21, 2000 Item 10a A public hearing was held on the FY 2000-2025 Metropolitan Transportation Plan. Mayor declared the public hearing open. Mr. Steve Seese explained the MPO Plan and requirements. Jon Moeller, 1528 171h Street, expressed concern for the need of public involvement. Mayor called for additional public comments. There being none, the Mayor declared the public hearing closed. 38 Item 11 a ORDINANCE NO. 16-2000 ORDINANCE WAIVING SECTION 3140, SUBSECTION 5 OF APPENDIX C, WICHITA FALLS CODE OF ORDINANCES TO ALLOW 15 FOOT FRONT SETBACKS IN THE DAVID A. KIMBELL, JR. PROPERTY SUBDIVISION; 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. 16-2000 be passed. 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 11 b ORDINANCE NO. 17-2000 ORDINANCE WAIVING SECTION 4220, SUBSECTION B, OF APPENDIX C, WICHITA FALLS CODE OF ORDINANCES TO ALLOW A FENCE WITHIN THE FRONT SETBACK AREA ALONG WEEKS STREET IN THE DAVID A. KIMBELL, JR. PROPERTY SUBDIVISION; 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. 17-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 c A proposed ordinance was presented amending Section 5600 of Appendix C, Zoning Ordinance, of the Code of Ordinances regarding mobile homes and manufactured housing and related sections thereof; repealing certain sections of Chapter 30 of the Code of Ordinances regarding trailers and trailer parks. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Williams. Mr. David Clark noted additional changes to this ordinance. The following persons spoke in opposition of the proposed ordinance. Willie Vaughan, 3210 Iowa Park Road, Vaughan's Trailer Park Henry Dvorken, 710 Fillmore, Candlewood Park Johnny Compton, 2812 City View Lakeside Village Mobile Home Park Robert Mitchell, 3503 Regina, El Rey Trailer Park The areas of concern expressed were that park owners were not notified regarding this proposed ordinance; time frame for replacement of mobile homes; restriction of moving units from one area in the City to another; contradiction between Section 5610 D and 5620 E (2); $500 license fee; definition of mobile home and manufactured home; ninety-day restriction on 39 Item 11 c continued temporary use dwelling; and park owner responsibility to enforce temporary use dwelling license and immediate highway use. A lengthy discussion ensued regarding these items. The issue of the ten-year-old units was discussed and it was suggested that it be amended. Moved by Councilor Beaty that Section 5620 E (2) be amended so the second sentence read as follows: "No used housing unit over ten years of age shall be moved from a park within the City to another park within the City". Motion seconded by Councilor Williams. Bobby Redwine, 2415 Merrimac, owner of Sunrise Trailer Park provided moving cost information. Additional discussion ensued regarding the ten-year limit issue and the 90-day restriction on temporary use dwellings. Suggestions to resolve these two issues were also expressed. Councilor Beaty withdrew his motion to amend Section 5620 E (2) and Councilor Williams withdrew her second. City Council recessed at 10:55 a.m. and reconvened at 11:15 a.m. Discussion on Item 11 c continued. Mayor allowed for additional public comment. She mentioned that at the end of the discussion this item will be tabled in order to give interested individuals an opportunity to meet with Mr. Seese and discuss issues of concern. After those discussions have taken place this item will be brought back to Council for consideration. Mike French, 5504 Camp Fire Trail, Austin, Texas, Director of Governmental Relations with the Texas Manufacture Housing Association, said they would meet one day next week and work to resolve these issues. Moved by Councilor Burns that proposed ordinance be tabled. Motion seconded by Councilor Shine. Councilor Altman suggested that Staff meet with park owners and work through as many of the problems as possible and attempt to reach a consensus. If at that point a Council committee is needed one can be appointed. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 d ORDINANCE NO. 18-2000 ORDINANCE AMENDING APPENDIX C OF THE WICHITA FALLS CODE OF ORDINANCES, ZONING ORDINANCE, REGARDING THE PLACEMENT OF MANUFACTURED HOUSING WITHIN AREAS REGULATED BY THE AIRPORT ZONING REGULATIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 40 Item 11d continued Moved by Councilor Williams that Ordinance No. 18-2000 be passed. Motion seconded by Councilor Altman. Hoyt Williams, 8801 Sandy Road, spoke in favor of this ordinance. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 e ORDINANCE NO. 19-2000 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH LANDATA GEO SERVICES TO COMPLETE WORK NOT DEFINED UNDER THE ORIGINAL CONTRACT SCOPE OF SERVICES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 19-2000 be passed. 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 f ORDINANCE NO. 20-2000 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ARTICLE 11, SECTION 7-15 OF THE CODE OF ORDINANCES TO PROVIDE CERTAIN REGULATIONS FOR THE LICENSING AND BONDING OF CONTRACTORS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 20-2000 be passed. 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 g ORDINANCE NO. 21-2000 AN ORDINANCE REPEALING ORDINANCE 62-95 RELATING TO THE RENTAL FEE OF THE LUCY PARK LOG CABIN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 21-2000 be passed. Motion seconded by Councilor Shine and carried by the following vote. 41 Item 11g continued Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 h ORDINANCE NO. 22-2000 AN ORDINANCE WAIVING SEC. 22-1(A)(2) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS DURING A MODEL AIRCRAFT EVENT BY THE WICHITA FALLS RC CLUB MAY 6, 2000 IN THE JAYCEE PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Ordinance No. 22-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 i ORDINANCE NO. 23-2000 AN ORDINANCE GRANTING EXTENDED RESERVATION PRIVILEGES TO THE TEX MEX BASEBALL LEAGUE FOR USE OF THE BASEBALL FIELD IN SPUDDER PARK AND IN WILLIAMS PARK FOR THEIR ADULT SUMMER LEAGUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 23-2000 be passed. 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 11j ORDINANCE NO. 24-2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS CALLING FOR A GENERAL AND SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 6, 2000, NAMING POLLING PLACES AND ELECTION OFFICIALS AND ORDERING THAT A PROPOSTION BE PLACED ON THE BALLOT TO SELL SURPLUS PARK PROPERTY; 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. 24-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 42 Item 11 k ORDINANCE NO. 25-2000 ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND FOR PURPOSES OF FUNDING THE CONSTRUCTION OF A 12-INCH WATER LINE EXTENSION AT THE INTERSECTION OF AIRPORT DRIVE AND 1-44; 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 Beaty that Ordinance No. 25-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12a RESOLUTION NO. 29-2000 RESOLUTION REPEALING RESOLUTIONS 120-86 AND 32-94 AND ADOPTING A REVISED LUCY PARK LOG CABIN RENTAL AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 29-2000 be passed. Motion seconded by Councilor Esther. Councilor Altman suggested that written approval by the Director of Parks or his designee be obtained by adding a signature line on the application approving alcoholic consumption. City Attorney will amend the application by adding a signature line for the Director of Parks. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12b RESOLUTION NO. 30-2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT OF THE FIXED BASE OPERATOR'S LEASE AGREEMENT FROM BLACKBIRD AVIATION, INC. TO HAWTHORNE AVIATION D.B.A. PIEDMONT HAWTHORNE AVIATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Resolution No. 30-2000 be passed. Motion seconded by Councilor Esther. Steven Levesque, Director Business Development of Piedmont Hawthorne, provided information on their company. He also acknowledged the terms of the lease. For the record, City Manager noted that he had visited with Mr. T. Dean Harton, President and CEO of Piedmont Hawthorne, and made him aware of the facts of the lease. Those facts being that Piedmont Hawthorne's lease expires in the year 2009 and that there are no guarantees that the lease would go past that year. Also, that the City's lease with the 43 Item 12b continued Department of Defense expires in 2009 and the City intends to pursue an extension of its rights to remain at the Sheppard location with the operation of a municipal airport. He pointed out that this lease transfer is only for the term up to 2009 and does not in anyway indicate or imply that the City is obligated in any way to extend the FBO lease beyond the present expiration date. The City will reserve all of its rights and options with regard to any lease as expiring in 2009 with no continuation after the lease has expired. Mr. Harton expressed understanding of these terms and that there is no direct tie past 2009. The Staff recommends approval so long as the purchaser is aware of the term limits of the present lease and that the City has no obligation to continue the lease past 2009 should the City remain as the operator of the Municipal Airport at Sheppard Air Force Base. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12c RESOLUTION NO. 31-2000 RESOLUTION APPROVING LETTER OF AGREEMENT WITH STONE LAKE L.L.C. DEALING WITH THE CONSTRUCTION OF BARTLEY DRIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 31-2000 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12d RESOLUTION NO. 32-2000 RESOLUTION APPROVING A SECOND GENERATION NON-ANNEXATION AGREEMENT WITH PRATT&WHITNEY SERVICES, INCORPORATED GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS BEGINNING JANUARY 1, 2000; 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. 32-2000 be passed. 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 12e RESOLUTION NO. 33-2000 RESOLUTION APPROVING A SECOND GENERATION NON-ANNEXATION AGREEMENT WITH SHAMROCK PIPELINE CORPORATION, GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS BEGINNING JANUARY 1, 2000; FINDING AND DETERMINING THAT THE MEETING AT WHICH 44 Item 12e continued THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Resolution No. 33-2000 be passed. 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 12f RESOLUTION NO. 34-2000 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE ARROWHEAD RAW WATER SUPPLY SYSTEM PUMP STATION MODIFICATIONS PROJECT; 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. 34-2000 be passed. 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 12g RESOLUTION NO. 35-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION FOR OFFICIATING SERVICES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Resolution No. 35-2000 be passed. 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 13a Moved by Councilor Williams to award bid to the B-Pad Group, Inc. in the amount of $14, 995.00, for the purchase of a Behavioral Personnel Assessment Device (B-PAD). Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 45 Item 13b Moved by Councilor Altman to authorize purchase of laptop computers, personal computers, software and associated items through the State of Texas Cooperative Purchasing Program from Trio Industries in the amount of$119,255.90; from Whelen Industries in the amount of$10,465.00; and from the Department of Information Resources in the amount of $13, 216.00. 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 13c RESOLUTION NO. 36-2000 RESOLUTION TO AWARD BID AND CONTRACT FOR 12-INCH WATER LINE EXTENSION, AIRPORT DRIVE AND 1-44 PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 36-2000 be passed. Motion seconded by Councilor Esther. Councilor Altman brought up the requirements of responsible bidding in relation to a traffic accident involving an unlicensed driver for Bowles Construction Co. His concern was that there is a contractor on a City contract that is allowing an unlicensed driver to operate on our City streets. He asked if our contracts include a requirement that vehicles have to be operated by licensed drivers and if not is that something we can consider putting in there. Mr. George Bonnett explained that when a contractor bids a project under state statute, we are required to award to the lowest responsible bidder. Responsible bidder boils down to a contractor that can obtain a bond for the project under question. A contractor has every responsibility and duty to adhere to all laws and regulations, and we expect a contractor to adhere to that. I do not know the details in this case, but in these situations we do inform the contractor and ask him to use due diligence in terms of notifying their insurance company. Under the contract they are required to carry insurance. We like to have this brought to our attention so that we can bring it up with the appropriate officials of the corporation. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 13d RESOLUTION NO. 37-2000 RESOLUTION TO AWARD BID AND CONTRACT FOR CAMPFIRE/SALVATION ARMY DRAINAGE IMPROVEMENTS (CDBG) PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 37-2000 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 46 Item 14a Councilor Shine expressed appreciation to Mr. Scott Taylor for the prompt response to his request. Councilor Altman expressed concern that Staff did not notify persons in the mobile home industry regarding the proposed ordinance amendment, and he encouraged Staff to contact industry groups when addressing ordinances. Councilor Esther was concerned with persons obtaining building permits who felt they were being turned away and asked that Staff provide as much assistance as possible to encourage persons interested in building. Councilor Williams expressed appreciation to Mr. George Bonnett and Mr. Jack Murphy for participating with her in the "District Dialogue" on the City channel. She also expressed appreciation to Mr. Troy Jensen for the expertise that he provided. Mayor solicited applicants for board and commission vacancies. Mayor asked Mr. Bonnett for an update on the water rationing. Mr. Bonnett informed that we are holding our own at 49.7%. He credited the citizens for doing an excellent job of water rationing. Item 14b Mr. Robert Parker provided an update on the 1-44 Overhead Project. Mr. David Clark provided information on the U.S. Census 2000. Mr. George Bonnett provided an update on automated sanitation routes. The City Council adjourned at 1:00 p.m. PASSED AND APPROVED this_])Lday of 2000. i THRYN A. � EAGE MAYO 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, March 7, 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 Jerry Dingmore Fairway Baptist Church 3. Presentations: Employee Of The Month 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 Consenting To The Changing Control Over The City Of Wichita Falls' Cable Television Franchise. (City Council Bill #44) b. A Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs. (City Council Bill #45) City Council Agenda Tuesday, March 7, 2000 Page 2 Resolutions (cont'd): a. Resolution Authorizing The City Manager To Execute A Sublease Agreement With The United States Of America For A 40' X 50' Plot Of Land At The Wichita Falls Municipal Airport. (City Council Bill #46) 7. Award of Bids: a. Award Of Bid For The Purchase Of A 20-Yard Dual Engine Scraper To Darr Equipment Company, In The Amount Of $453,682.00. b. Award Of Bid For The Purchase Of Three (3) Each 50,000 GVW Trucks With 14 Cubic Yard Dump Body, To Bruckner's Mack, In The Amount Of $221 ,751 .00. c. Award Of Bid For The Purchase Of Two (2) Each 4-Wheel Drive Utility Vehicles To Kawasaki City, In The Amount Of $16,226.00. d. Award Of Bid For The Purchase Of Three (3) Each 72" Riding Mowers To Ag Power In The Amount Of $30,765.00. 8. Change Orders and Payment Approvals: a. Resolution To Accept The Phase 3 Sanitary Sewer Improvements Collection System Lining Project And Authorize Final Payment To BRH-Garver, Inc. (City Council Bill #47) b. Resolution To Accept The 1999 Street Recycling And Resurfacing Project And Authorize Final Payment To Zack Burkett, Co. (City Council Bill #48) c. Resolution To Accept The Holliday Creek Manhole Scouring Protection Project And Authorize Final Payment To Creative 4 Construction. (City Council Bill #49) 9. Receive Minutes: a. Wichita Falls — Wichita County Public Health Board — December 17, 1999 b. Board of Electrical Examiners — January 13, 2000 City Council Agenda Tuesday, March 7, 2000 Page 3 9. Receive Minutes (cont'd): c. Clean Country Commission - February 3, 2000 - February 14, 2000 a. Commission On Human Needs — February 21 , 2000 REGULAR AGENDA 10. Public Hearings: a. Public Hearing On The FY 2000-2025 Metropolitan Transportation Plan. 11 . Ordinances: a. Ordinance Waiving Section 3140, Subsection 5, Of Appendix C, Wichita Falls Code Of Ordinances To Allow A 15-Foot Front Setback In The David A. Kimbell, Jr. Property Subdivision. (City Council Bill #50) b. Ordinance Waiving Section 4220, Subsection B, Of Appendix C, Wichita Falls Code Of Ordinances To Allow A Fence Within The Front Setback Area Along Weeks Street In The David A. Kimbell, Jr. Property Subdivision. (City Council Bill #51) c. Ordinance Amending Section 5600 Of Appendix C, Zoning Ordinance, Of The Code Of Ordinances Regarding Mobile Homes And Manufactured Housing And Related Sections Thereof, And Chapter 30 Of The Code Of Ordinances Regarding Trailers And Trailer Parks. (City Council Bill #52) d. Ordinance Amending Appendix C Of The Wichita Falls Code Of Ordinances, Zoning Ordinance, Regarding The Placement Of Manufactured Housing Within Areas Regulated By The Airport Zoning Regulations. (City Council Bill #53) e. Ordinance Authorizing The City Manager To Execute A Contract Amendment With Landata Geo Services To Complete Work Not Defined Under The Original Contract Scope Of Services. (City Council Bill #54) City Council Agenda Tuesday, March 7, 2000 Page 4 11. Ordinances (cont'd): f. Ordinance Amending Article 11, Section 7-15 Of The Code Of Ordinances To Provide Certain Regulations For The Licensing And Bonding Of Contractors. (City Council Bill #55) g. Ordinance Repealing Ordinance 62-95 Relating To The Rental Of The Lucy Park Log Cabin. (City Council Bill #56) h. Ordinance Waiving Sec. 22-1(A)(2) Of The Code Of Ordinances To Permit Vehicles On The Grass During A Model Aircraft Event By The Wichita Falls RC Club May 6, 2000 In Jaycee Park. (City Council Bill #57) i. Ordinance Granting Extended Reservation Privilege To The Tex Mex Baseball League For Use Of The Baseball Field In Spudder Park And In Williams Park For Their Adult Summer League. (City Council Bill #58) j. Ordinance Of The City Council Of The City Of Wichita Falls Calling For A General And Special Municipal Election For May 6, 2000. (City Council Bill #59) k. Ordinance Making An Appropriation From Water And Sewer Fund Equity For Purposes Of Funding The Construction Of A 12-Inch Water Line Extension At Airport Drive and 1-44. (City Council Bill #60) 12. Resolutions: a. Resolution Repealing Resolutions 120-86 And 32-94 And Adopting A Revised Lucy Park Log Cabin Rental Agreement. (City Council Bill #61) b. Resolution Approving And Authorizing The City Manager To Execute A Consent To Assignment Of The Fixed Base Operator's Lease Agreement From Blackbird Aviation, Inc. To Hawthorne Aviation, D.B.A. Piedmont Hawthorne Aviation. (City Council Bill #62) c. Resolution Approving Letter of Agreement With Stone Lake L.L.C. Dealing With The Construction Of Bartley Drive. (City Council Bill #63) City Council Agenda Tuesday, March 7, 2000 Page 5 12. Resolutions (cont'd): d. Resolution Approving A Second Generation Non-Annexation Agreement With Pratt & Whitney Services, Incorporated Guaranteeing Its Immunity From Annexation For A Period Of Seven Years Beginning January 1, 2000. (City Council Bill #64) e. Resolution Approving A Second Generation Non-Annexation Agreement With Shamrock Pipeline Corporation Guaranteeing Its Immunity From Annexation For A Period Of Seven Years Beginning January 1 , 2000. (City Council Bill #65) f. Resolution to Approve Change Order No. 1 For The Arrowhead Raw Water Supply System Pump Station Modifications Project. (City Council Bill #66) g. Resolution Authorizing The City Manager To Execute An Agreement With The North Central Texas Officials Association For Officiating Services. (City Council Bill #67) 13. Award of Bids: a. Purchase Of A Behavioral Personnel Assessment Device (B-PAD) From The B-PAD Group, Inc., In The Amount Of $14,995.00. b. Authorize The Purchase Of Laptop Computers, Personal Computers, Software And Associated Items Through The State Of Texas Cooperative Purchasing Program, From Trio Industries, Inc., In The Amount Of $119,255.90; Whelen Industries, In The Amount Of $10,465.00; And To The Department Of Information Resources, In The Amount Of $13,216.00. c. Resolution To Award Bid And Contract For 12-Inch Water Line Extension, Airport Drive And 1-44 Project. (City Council Bill #68) d. Resolution To Award Bid And Contract For Campfire/Salvation Army Drainage Improvements (CDBG). (City Council Bill #69) City Council Agenda Tuesday, March 7, 2000 Page 6 14. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 15. 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, 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