Min 04/18/2000 66
Wichita Falls, Texas
Memorial Auditorium Building
April 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.
Pastor Joe Davis, Highland Church of God, gave the invocation.
Item 3
Mayor recognized the Rider High School 2000 Soccer Team in winning the 4A State
Soccer Championship. A proclamation was read in their honor and a Certificate of Appreciation
was presented to Coach Kenny Catney.
Item 4
Michael Tubbs, 5311 Pebblestone, stated that there was an environmentally hazardous
drainage problem at the location of the Pebbelstone-Sandcastle Project. He mentioned that the
figure given to correct this problem was approximately $22,000. He noted that this project had
been ranked forty-fourth and requested that Council reconsider the ranking of this project to a
higher category in an effort to avoid additional accidents.
Mayor stated that the City has been studying the sewer situation for some time and this
summer Public Works will present some sewer solutions to the Council.
Councilor Beaty commented that he had looked at the area of concern and it was a very
dangerous situation that needed to be addressed now. He suggested that Council appeal to
the 4B Board to fund this project.
Beth Rowland, 3001 Kemp, Hunter's Crossing representative, stated that their water bill
had increased five times and requested that Council consider an adjustment. Tommy Bussey,
Maintenance Supervisor for Hunter's Crossing, was also present.
City Manager informed that staff was looking into the situation and will present the facts
to Council at a future meeting, along with a recommendation.
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Item 5
The Minutes were approved as distributed.
Items 6a-6e
Moved by Councilor Esther that the Minutes of the following Board & Commission
meetings be received.
a. Traffic Safety Commission — March 1, 2000
b. Planning and Zoning Commission — March 8, 2000
c. Park Board - March 23, 2000 and April 6, 2000
d. Clean Community Commission —April 6, 2000
e. Water Resources Commission - March 23, 2000 and March 28, 2000
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 7a
A public hearing was held to allow public comment on the City's water resource
planning activities.
Mayor declared the public hearing open.
Mr. Charles Bentley, Water Resources Commission Chair, outlined the proposed
amendments to the "Water Use Restriction Ordinance".
Mayor asked if the Commission had discussed watering and related issues.
Mr. Steve Smith, Smith's Nursery, stated that he had not seen these proposed
amendments, but they had talked about watering. They felt it was sufficient to water three
times a day with a time limit of ten minutes per zone. Right now twice a day would be adequate
at ten minutes per zone. Existing yards need less amount of water and it should not be
necessary to run a sprinkler system three times a day unless that is broken down into different
segments to prevent run-off. Three twenty-minute segments is too much for established grass.
Mr. David Lehfeldt addressed the proposed surcharge. Our average monthly
consumption is 11,000 gallons of water per month per household, which is a yearly average.
The proposed surcharges would not impact homeowners who use normal watering procedures
but would affect those who are watering three or four times more than they need to or those
that are wasting water in another manner.
Mr. Lehfeldt mentioned that the Commission had asked if a rate setting company should
be hired to address the surcharge issue. He said that could be brought to the Council at a later
date.
Several Councilors mentioned that the prevention methods of water usage had helped
to detect leaks that might otherwise have gone unnoticed.
Councilor Shine asked if the concern expressed previously by the new car dealers had
been addressed regarding washing the cars on their lots with a bucket instead of moving the
entire fleet. Mr. Lehfeldt replied that they had addressed the home car washing issue in detail,
but the new car dealers' concern had not been addressed.
Mayor asked about the reasoning behind Commission's thinking on swimming pools not
being restricted at the 50% level only at the 40% level. Mr. Bentley explained that it might have
been an oversight not to include swimming pools at the 50% level and he felt that the ordinance
should cover the pools at the 40% level and 50% level. He added that most pools if not kept
filled would experience major damage.
Councilor Beaty asked if there was a minimum water usage bill. Mr. Lehfeldt informed
that the minimum depends on the size of the meter, and he explained the meter size, usage
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Item 7a continued
and cost. The surcharge does not kick in for the normal average user only for the high user.
He added that the surcharge was for residential customers only.
Councilor Altman expressed concern that a single industry should not be singled out.
He mentioned a suggestion made by a car wash operator that instead of the six days restriction
they be required to cut their usage by a certain percentage. If they go over that certain
percentage, a heavy surcharge would be placed on them. He suggested applying that same
procedure to the nurseries. He asked if a percentage system could be established. He
suggested leaving it up to the business community as to how this wouldp affect their own
business and reduce their output.
Mr. Lehfeldt stated that the Commission had discussed some of these issues. The car
wash operators have had their largest source of competition removed -the home car washing.
The restriction was on home car washing which is driving that business to commercial car
washes. He noted that it would be possible to monitor their usage but cumbersome. Regarding
the nurseries, the reason they are allowing them to use water but restricting another industry is
that if the plants are not watered, they die, however if a car is not washed it is not affected. You
can choose the day you wash a car but not the plants. If the plants die, the business dies.
Most of the nurseries are water conscious and are using conservative measures.
Councilor Altman commented that he was told that the gross income for car wash
operators has gone down. He felt it would be more fair to limit the nurseries as well as the car
wash operators. Mr. Lehfeldt said that the Commission could look into that and come back with
a recommendation at a later time.
Mayor asked when the proposed ordinance would come before the Council. Mr.
Lehfeldt responded that it would be another two meetings before they could bring it back to
Council.
Councilor Altman suggested that the proposed ordinance be posted on the City's
website for citizens to submit their comments. Mr. Lehfeldt informed that they will be sending
out a Consumer Report in about three weeks which contains additional information on the
drought and water issues.
Mr. Steve Smith commented on Councilor Altman's suggestion to restrict the nursery
industry and stated that the focus is on a couple of industries that are more in the public eye.
However, in the nursery industry we can conserve water more than we have in previous years
but to be able to do so we have to hand water our plants and that is not cost effective. I feel like
we are being singled out to do that when you are not asking other industries to alter the way
they do their business. Our costs are increased while our sales are declining. Certainteed is
using more than 100 times the water that we are using. You are asking the car wash and
nursery industry to do our part but not the other industries, and he asked Council to consider
that in their plan.
Councilor Altman commented that those industries that water outside have to abide by
the same watering restrictions now when they use water in their commercial processes and that
may be something we need to look at. He felt the ordinance should indicate that they have
looked at the nursery industry like everyone else and are trying to be fair. A lot of your watering
is done in the greenhouses and is totally exempt because it is not outside watering. So you can
water all you want to with a total exemption.
Mr. Smith stated that they just like other industries are using the water in the production
of their product - plants. If you are going to restrict one industry let's look at all of them.
Councilor Burns agreed with Mr. Smith and pointed out that the car washes were being
singled out because all the car washes combined in the City of Wichita Falls did not even make
9 Y
the list of the top 25 water users. There needs to be less technical and less specific regulations
of specific industry, no matter what the industry is all should have the same restrictions.
Everyone should be involved in conserving water and the same restrictions should apply to all.
Mayor called for additional public comments. There being none, Mayor declared the
public hearing closed.
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Item 8a
ORDINANCE NO. 37-2000
ORDINANCE WAIVING SECTION 9, SUBSECTION B1(i), OF APPENDIX A,
WICHITA FALLS CODE OF ORDINANCES TO ALLOW THE PLATTING OF
SIX LOTS IN THE PROPOSED NOB HILL SUBDIVISION, PHASE TWO,
FRONTING ON MISSILE ROAD, AN ARTERIAL STREET; 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. 37-2000 be passed.
Motion seconded by Councilor Beaty.
Concerns were expressed regarding the maintenance of the 40' easement, as well as
potential safety risks such as backing into an arterial street.
Robert Seabury, Developer, spoke in favor of the waiver.
Moved by Councilor Burns to amend Section 1 of the proposed ordinance by stating that
this is a 'private easement' and by including 'one curb cut on Missile Road'.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
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 8b
ORDINANCE NO. 38-2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, REPEALING ORDINANCE 96-99, AND AMENDING SECTION 2-160.7.7 OF
THE WICHITA FALLS CODE OF ORDINANCES AT SUBSECTION (1) TO EXPAND
THE BOUNDARY OF THE DEPOT SQUARE HISTORIC DISTRICT; 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. 38-2000 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
70
Item 8c
ORDINANCE NO. 39-2000
ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND
SEWER FUND EQUITY FOR PURPOSES OF FUNDING THE REMOVAL AND
DISPOSAL OF STORED SLUDGE FROM THE RIVER ROAD WASTEWATER
TREATMENT PLANT; 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. 39-2000 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 9a
RESOLUTION NO. 49-2000
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE U.S. FEDERAL AVIATION ADMINISTRATION IN
THE AMOUNT OF $1,322,416 FOR THE ACQUISITION OF KICKAPOO
DOWNTOWN AIRPARK AND RELATED STUDIES; 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. 49-2000 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Abstentions: Mayor Yeager
Item 10a
Moved by Councilor Esther that bid be awarded to Bowles Construction Company in the
amount of$485,900.00 for the removal, dewatering and disposal of sludge at the Wastewater
Treatment Plant.
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
Moved by Councilor Beaty to reject bid from Bowles Construction Company for
the cleaning and painting of the wastewater treatment digester.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
71
Item 10b continued
Nays: None
Item 11 a
Councilor Esther asked Council to study the information provided by the Water
Resources Commission in an effort to provide the best possible solution to the water issue.
Councilor Beaty encouraged citizens to join in on the citywide clean-up effort on April
29. Councilor Beaty commended the TIF Board for their responsible decisions in regards to the
City.
Councilor Altman encouraged everyone to express appreciation to the board and
commission members for volunteering their service. Councilor Altman expressed appreciation
to Mr. Bonnett and his staff for responding to an alley inquiry. Councilor Altman asked that
Council consider in the next budget an increase to address alley repairs and paving in an effort
to help catch up on those projects.
Councilor Burns mentioned that a citizen asked about installing concessions at the City
parks. Mr. Jack Murphy replied that he had budgeted for that in the past and would place it in
the upcoming budget.
Mayor expressed appreciation to the TIF Board for their work in considering three
proposals and for coming up with a good compromise in funding the coliseum. Mayor informed
that the MPEC Board voted unanimously to request bids for the coliseum, which will be opened
May 11. Mayor expressed appreciation to all citizens who have tried to conserve water.
Item 11 b
Mr. Robert Parker gave an update on the overhead project.
Item 11 c
City Council went into Executive Session at 10:43 a.m. as authorized by Section
551.074 of the Texas Government Code.
City Council reconvened at 11:05 a.m.
Item 11 d
ORDINANCE NO. 40-2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
APPOINTING LARRY GILLEN MUNICIPAL JUDGE FOR A TERM OF TWO (2)
YEARS; 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. 40-2000 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
Moved by Councilor Shine to appoint Municipal Judge Larry Gillen for two years.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
72
Item 11e (1)
Councilor Shine nominated Mr. Jerry Reed for reappointment to the Nortex 9-1-1
Communications District with term to expire May 15, 2002.
Nomination carried unanimously.
Item 11e 2
Councilor Shine nominated Mr. Morris Broaddus, Mr. Luther Houston, and Ms. Willa
Burgess, for appointment as alternates to the Zoning Board of Adjustment with terms to expire
December 31, 2000. Mr. Broaddus will be Alternate No. 2 (Place 7), Mr. Houston will be
Alternate No. 3 (Place 8), and Ms. Burgess will be Alternate No. 3 (Place 9).
Nomination carried unanimously.
Item 11 3
Mayor Yeager nominated Ms. Cheryl Krause for appointment to the Commission on
Human Needs with term to expire December 31, 2000. Ms. Krause will replace Ms. Sharon
Ray, Place 7.
Nomination carried unanimously.
Item 11 e 4
Councilor Williams nominated for appointment to the Park Board Mr. Donald Ruth with
term to expire December 31, 2002 and Mr. Edward Godsey with term to expire December 31,
2001. Mr. Ruth will replace Mr. Donald Graham, Place 3, and Mr. Godsey will replace Ms. Kitty
Wilson, Place 9.
Nomination carried unanimously.
Councilor Altman nominated Mrs. Linda Bates for appointment to the Park Board with
term to expire December 31, 2001. Mrs. Bates will replace Mr. David Holder, Place 10.
Nomination carried unanimously.
Item 11 e 5
Councilor Altman nominated Mr. Charles Barr for appointment to the Water Resources
Commission with term to expire December 31, 2001. Mr. Barr will fill the vacancy in Place 1 as
the homebuilding industry representative.
Nomination carried unanimously.
Item 11 e(6
Councilor Williams nominated Mr. Chris Pruitt for appointment to the Clean Community
Commission with term to expire December 31, 2000. Mr. Pruitt will replace Mr. Hughley
Huddleston, Place 3.
Nomination carried unanimously.
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The City Council adjourned at 11:20 a.m.
PASSED AND APPROVED this _day of 2000.
i
KA HRYN A. EAGE
MAYO
ATTEST:
Lydia Torres
U 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, April 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: Pastor Joe Davis
Highland Church of God
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
REGULAR AGENDA
6. Receive Minutes:
a. Traffic Safety Commission — March 1 , 2000
b. Planning & Zoning Commission — March 8, 2000
c. Park Board
- March 23, 2000
- April 6, 2000
d. Clean Community Commission — April 6, 2000
e. Water Resources Commission
- March 23, 2000
- March 28, 2000
City Council Agenda
Tuesday, April 18, 2000
Page 2
7. Public Hearings:
a. Public Hearing To Allow Public Comment On The City's
Water Resource Planning Activities.
8. Ordinances:
a. Ordinance Waiving Section 9, Subsection B1(i), Of Appendix
A, Wichita Falls Code Of Ordinances To Allow The Platting
Of Six Lots In The Proposed Nob Hill Subdivision, Phase
Two, Fronting On Missile Road, An Arterial Street. (City
Council Bill #96)
b. Ordinance Repealing Ordinance 96-99, And Amending
Section 2-160.7.7 Of The Wichita Falls Code Of Ordinance
At Subsection (1) To Expand The Boundary Of The Depot
Square Historic District. (City Council Bill #97)
c. Ordinance Making An Appropriation From Water And Sewer
Fund Equity For Purposes Of Funding The Removal And
Disposal Of Stored Sludge From The River Road
Wastewater Treatment Plant. (City Council Bill #98)
9. Resolutions:
a. Resolution Authorizing The City Manager To Execute A
Grant Agreement With The U.S. Federal Aviation
Administration In The Amount Of $1 ,322,416 For The
Acquisition Of Kickapoo Downtown Airpark And Related
Studies. (City Council Bill #99)
10. Award of Bids:
a. Award Of Bid For The Removal, Dewatering And Disposal
Of Sludge At The Wastewater Treatment Plant, To Bowles
Construction Company, In The Amount Of $485,900.00.
b. Motion To Reject Bid From Bowles Construction Company,
For The Cleaning And Painting Of Wastewater Treatment
Digester.
11 . Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
11 . Other Council Matters (cont'd):
City Council Agenda
Tuesday, April 18, 2000
Page 3
b. Staff/Council Discussion.
c. Executive Session-
(1) Consider Qualifications Of Possible Appointees To
The Nortex 911 Communications District and Zoning
Board of Adjustment As Authorized By Section
551 .074 Of The Texas Government Code.
(2) Consider Appointment of Municipal Court Judge As
Authorized By Section 551 .074 Of The Texas
Government Code.
d. Ordinance Appointing Larry Gillen Municipal Judge For A
Specified Term. (City Council Bill #100)
e. Appointments To Boards and Commissions.
(1) Nortex 9-1-1 Communications District
(2) Zoning Board of Adjustment
(3) Commission on Human Needs
(4) Park Board
(5) Water Resources Commission
(6) Clean Community Commission
12. 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