Min 03/06/2001 269
Wichita Falls, Texas
Memorial Auditorium Building
March 6, 2001
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:
Jerry Lueck - Mayor
Dan Shine - Pro Tern
Arthur Bea Williams - Councilors
James Esther, Jr. -
Bill Altman -
Johnny Burns -
Harold Hawkins -
Jim Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Lueck called the meeting to order.
Mayor called for a moment of silence in memory of Mr. Charles Prothro.
Dr. Dave Hartman, First Christian Church, gave the invocation.
Item 3
Mrs. Kay Teichman, out going President of the Wichita Falls Runners Club, presented
the City a $3,000 check for improvements to the trail system. These funds were proceeds from
the 111h Annual Trails Fest Run.
Mr. Richard Garcia, Fire Fighter for the Fire Department, was recognized as Employee of
the Month for the month of March. Mayor presented Mr. Garcia with a plaque, dinner for two,
and theater passes.
Mayor recognized Camp Fire boys and girls and proclaimed March 15, 2001 as
"Absolutely Incredible Kids' Day" in Wichita Falls. The children sang happy birthday to Councilor
Shine.
Mayor recognized weather personnel Skip McBride with KFDX Channel 3, Andy Wallace
with KSWO Channel 7, and Nicole Sweetin with KAUZ Channel 6; and proclaimed March 4-10,
2001 as "Severe Weather Awareness Week" in Wichita Falls.
Item 4
B B Lane, 3006 McNiel, asked for an explanation of an $11.86 utility bill on a vacant
house. Mr. Lane explained that he moved out of this house May 25, 2000 and paid for one
month's utility. When he sold his house the water had to be temporarily connected for
inspection resulting in a bill for $11.86. He felt that the City was charging for services not
rendered and asked for an itemized list of these charges.
Council informed Mr. Lane that staff would respond to his request with a letter of
explanation to him and a copy to Council within ten days.
Richard Boller, 4707 Trinidad, wanted to know why the sanitation rates were going to be
decreased in only a selected portion of the City. He did not think this was fair and felt that the
270
Item 4 continued
citizens should be notified by placing an article in the newspaper explaining the difference in the
rates.
City Manager stated that these two concerns would be addressed during staff reports.
Charles Barr, North Texas Homebuilders Association President, presented two checks
totaling $7,000.00, one from the North Texas Homebuilders Association and one from his wife
and himself to go towards the MPEC Coliseum.
Item 5
The Minutes were approved as distributed.
Items 6a-8f
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Hawkins that the consent agenda be approved.
Motion seconded by Councilor Esther.
Councilor Altman stated that the Planning & Zoning minutes needed to reflect that
Councilor Johnny Burns was in attendance at their February 14, 2001 meeting.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 6a
RESOLUTION NO. 16-2001
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE NORTH CENTRAL TEXAS OFFICIALS
ASSOCIATION FOR SERVICES FOR PARKS & RECREATION ATHLETIC
LEAGUES; 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. 17-2001
RESOLUTION EXERCISING THE CITY OF WICHITA FALLS' RIGHT OF FIRST
REFUSAL FOR ACQUIRING A 0.073 ACRE TRACT OF RIGHT-OF-WAY AT
THE INTERSECTION OF BROAD AND CENTRAL FREEWAY (US 281-287)
AND DECLARING NO INTEREST IN SAID PROPERTY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 7a
RESOLUTION NO. 18-2001
RESOLUTION TO ACCEPT THE MUNICIPAL ANNEX BUILDING REPAIR
PROJECT AND AUTHORIZE FINAL PAYMENT TO CENTURY
WEATHERPROOFING, INC.; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
271
Items 8a-8f
Minutes of the following board & commission meetings were received.
a. Clean Community Commission — February 8, 2001
b. Water Resources Commission — February 13,2001
c. Planning & Zoning Commission — February 14, 2001
d. Landmark Commission — February 15, 2001
e. Commission on Human Needs — February 19, 2001
f. Wichita Falls/Wichita County Public Health District— December 22, 2000
Item 9a
ORDINANCE NO. 20-2001
ORDINANCE REZONING 0.68 ACRES OUT OF A PORTION OF BLOCKS 8, 9
& 10, RANCHO VISTA PLACE FROM RESIDENTIAL MIXED USE TO LIGHT
INDUSTRIAL AND AMENDING THE COMPREHENSIVE PLAN; FINDINGAND
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. 20-2001 be passed.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 9b
ORDINANCE NO. 21-2001
ORDINANCE REZONING 1420 33RD STREET, LOT 24, BLOCK 29, HILLCREST
ADDITION FROM RESIDENTIAL MIXED USE TO GENERAL COMMERCIAL;
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. 21-2001 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 9c
A proposed ordinance was presented repealing Section 20-11 of the Code of
Ordinances in its entirety and adopting a new Section 20-11 of the Code of Ordinances,
entitled "Curfew Hours for Minors," of Chapter 20, "Offenses and Miscellaneous
Provisions".
Moved by Councilor Hawkins that proposed ordinance be passed.
Motion seconded by Councilor Esther.
Council expressed concern that a public hearing was required prior to considering this
proposed ordinance. They felt this item should be tabled and an agenda item for a public
hearing placed on the next Council agenda.
272
Item 9c continued
Moved by Councilor Altman to table this item and that a public hearing be scheduled for
the next Council meeting along with this proposed ordinance.
Motion seconded by Councilor Hawkins and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 10a
i
RESOLUTION NO. 19-2001
RESOLUTION WAIVING A MORATORIUM REGARDING THE
CONSTRUCTION OF A COMMUNICATIONS TOWER AT 2914 OLD
JACKSBORO HIGHWAY AS REQUESTED BY SBA INC. OF AUSTIN, TEXAS;
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. 19-2001 be passed.
Motion seconded by Councilor Shine.
It was noted that two options were provided to Council - 1) Unconditional Resolution and
2) Conditional Resolution.
Mike Tangy with SBA, Inc. spoke in favor of this resolution. Mr. Tangy addressed the
criteria set out in the "Conditional Resolution" stating that SBA, Inc. had already incorporated a
number of the new criteria set out in the "Conditional Resolution". He mentioned that under the
landscaping criteria, they would propose to set up a privacy fence that would shield all the
equipment. Mr. Tangy asked if the portion of the property not associated with the
communication tower would be subject to a Conditional Use Permit.
Mr. Clark clarified that the front of the property would not be zoned, only the back part
where the tower would be located. Mr. Clark stated that staff recommends approval of the
"Unconditional Resolution".
Moved by Councilor Altman to approve the "Unconditional Waiver Resolution".
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 10b
Councilor Burns stepped out of Council Chambers.
Moved by Councilor Hawkins to approve the participation of the Wichita Falls Transit
System in the Section 5309 Capital Replacement Program with the Texas Department of
Transportation.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Hawkins
Nays: None
273
Item 11 a
Councilor Burns returned to Council Chambers.
Moved by Councilor Altman to award contract to Darrell Holland Construction in the
amount of$29,790.00 for the rehabilitation of property located at 2705 Baltimore and
$34,600.00 for the rehabilitation of property located at 1607 Giddings.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 11 b
Moved by Councilor Williams to award bid to Construction Agricultural Supply
Company in the amount of $117,456.00 for the purchase of two front-end
loader/backhoes and one hydraulic hammer.
Motion seconded by Councilor Esther.
Mayor read a letter from Rex Brown with Texas Tractor& Lift stating that he had met bid
specifications because a turbo engine was not required in the specifications. Mayor stated that
Texas Tractor& Lift is in the City limits and they pay City taxes and he felt that their bid should
be considered.
Mrs. Peggy Gahagan, Purchasing Agent, provided information on the bid specifications.
She stated that Texas Tractor & Lift had not met specifications because they did not bid a turbo
engine and Construction Agriculture Supply did meet specifications.
After a lengthy discussion regarding the bid specifications, Council concluded that a
turbo engine was not specified in the bid specifications and in order to be fair to all bidders the
specifications should be rewritten.
Motion failed by the following vote.
Ayes: None
Nays: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Moved by Councilor Altman to reject these bids and to re-bid.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 11 c
Moved by Councilor Altman to authorize sole source procurement for a model 224D
diesel boring machine from International Boring Incorporated in the amount of$23,464.60.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
274
Item 11d
Moved by Councilor Williams to award bid to Smith's Greenhouse in the amount of
122,227.20 for the purchase of the City's annual requirement of summer flowers.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 12a
Councilor Shine thanked those who had a part in recognizing him on his birthday.
Councilor Shine stated that he had been requested to honor Iwo Jima survivor Herschel
Woodrow Williams by passing a resolution that asks the Secretary of the Navy to consider
naming a U.S. Navy ship after Mr. Williams. Council directed that this resolution be placed on
the next Council agenda.
Councilor Burns agreed with the idea of a resolution honoring Mr. Williams. He
congratulated the MSU Women's Basketball Team and their coach for winning the Lone Star
Conference.
Councilor Altman suggested that Staff look into drafting an ordinance that is as broad as
possible to protect the City with regard to laying of various telecommunication cables.
Councilor Altman mentioned the passing of Mr. Charles Prothro and stated that it was
the passing of a great and valued member of this community. He and others have contributed
greatly to this community and this State. We will sorely miss him. He greatly blessed this
community.
Councilor Esther was pleased to participate in writing a letter to some "absolutely
wonderful kids". In his letter he mentioned the blessing of being an American citizen and the
importance of their journey in this life. He told them that they are this community's future and
encouraged them to move forward into a bright future.
Councilor Esther suggested that when a purchase item is on the agenda that Council be
provided background data on the types of equipment to be purchased. Also, he asked that City
experts be present to address any questions.
Councilor Hawkins asked for a report on the plans for Barnett Road. Mr. George Bonnett
informed that it is work being done by the State with a local match. The work is removal and
replacement and then there will be an overlay on the whole street. They are currently patching.
Councilor Hawkins mentioned that there was trash on Wellington Road north of U.S. 287
and asked Staff to look into this. He suggested signs and patrol in that area because it is rapidly
becoming a dump area. He reminded everyone that next week was spring break and asked
everyone to drive safe and slow. He thanked Mr. Charles Barr for the donations to the MPEC
Coliseum.
Councilor Williams thanked Mr. George Bonnett for providing timely information to her on
complaints in District 2. She also thanked Community Policing for their response to what was
thought to constitute a hazard.
Mayor mentioned that the trash on Wellington Road had been bagged and was never
picked up. City Manager stated that if citizens or groups collecting and bagging trash do not call
us we cannot address it. They need to give us a call and let us know.
Councilor Burns mentioned that the Optimist Club maintains a strip of highway and they
coordinate with the State to pick up the bags of trash. He suggested coordination with the City.
275
Item 12b
Mr. Jim Dockery provided a detailed explanation on the $11.86 utility bill questioned by
Mr. B B Lane. He informed that Mr. Lane had a house on Mistletoe, which he vacated, and had
the water disconnected but in order to sell the house he had to have the water turned on. The
specifics are that the account was turned on January 31 on a temporary status and was turned
off on February 16 and is in the realtor's name that was selling the house. He explained that a
$15 charge was assessed for a temporary connection. Due to the fact that the account was
open during a certain time period City Ordinance requires that the minimum bill be prorated for
the number of days that the water system was on. There was no consumption during that time
period but the minimum bill is prorated for water, sewer, and refuse. The bill amounted to
$11.86 and was paid by the realtor. He feels that the issue is between Mr. Lane and the realtor.
City Manager stated that Staff will follow-up and get a letter to Mr. Lane with a copy to
Council.
The issue mentioned by Mr. Boller was addressed regarding the fairness of having one
segment of the trash pick up being reduced by $1.50 per month and the other segment, the alley
containers, not being reduced. City Manager commented that this is a situation where
government can identify the cost and the efficiencies and non-efficiencies and pass those
savings on. That is one of those few areas where you can literally impose a charge purely for
service received based on the cost to provide the service.
Councilor Hawkins commented that there is a certain portion of the City that has not
received the rollout carts and wanted to know if we will be charging them the $1.50.
City Manager stated that Council has not addressed that issue. Aside from being the
right thing to do, the most efficient thing to do is to put them on the lesser rate. I think we would
be in the position of recommending to you that we drop their rate when we drop those 80°'°that
will have curbside. We will bring that back to Council.
Councilor Hawkins asked if those with alley containers would have the option to keep
them.
City Manager responded that we would possibly leave that to the initiative from the
neighborhood. Mr. Bonnett felt that it would be a good idea to set up some type of
neighborhood option perhaps on a block-by-block basis. We are moving towards a cafeteria for
refuse collection so that the majority of residents on a given block can ask for what service they
want and be billed commensurately. We will provide a letter to Mr. Boller.
Councilor Shine commented that the committee implied the $1.50 reduction.
City Council adjourned at 10:35 a.m.
PASSED AND APPROVED this , ) day of 2001.
/JERRY LUECK
MAYOR
ATTEST:
Lydia Torres
City Clerk
1
1
1
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, 1300 Seventh Street, On Tuesday,
March 6, 2001 , Beginning At 8:30 a.m.
City Council: Mayor Gerald Lueck - Councilors Arthur Bea
Williams, Dan Shine, James Esther, William
Altman, Johnny Burns, and Harold Hawkins
1. Call to Order.
2. Invocation: Dr. Dave Hartman
First Christian Church
3. Presentations: - Wichita Falls Runners Club — Present
Donation For Improvements To The Trail
System.
- 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 Authorizing The City Manager To Execute An
Agreement With The North Central Texas Officials
Association For Services For Parks & Recreation Athletic
Leagues. (City Council Bill #36)
6. Resolutions (cont'd):
City Council Agenda
Tuesday, March 6, 2001
Page 2
b. Resolution Exercising The City Of Wichita Falls' Right Of
First Refusal For Acquiring A 0.073 Acre Tract Of Right-Of-
Way At The Intersection Of Broad And Central Freeway
(US281/US287) And Declaring No Interest In Said Property.
(City Council Bill #37)
7. Change Orders and Payment Approvals:
a. Resolution To Accept The Municipal Annex Building Repair
Project And Authorize Final Payment To Century
Weatherproofing, Inc. (City Council Bill #38)
8. Receive Minutes:
a. Clean Community Commission — February 8, 2001
b. Water Resources Commission — February 13, 2001
c. Planning & Zoning Commission — February 14, 2001
d. Landmark Commission — February 15, 2001
e. Commission on Human Needs — February 19, 2001
f. Wichita Falls/Wichita County Public Health District
— December 22, 2000
REGULAR AGENDA
9. Ordinances:
a. Ordinance Rezoning 0.68 Acres Out Of A Portion Of Blocks
8, 9 & 10, Rancho Vista Place From Residential Mixed Use
To Light Industrial And Amending The Comprehensive Plan.
(City Council Bill #39)
b. Ordinance Rezoning 1420 33rd Street, Lot 24, Block 29,
Hillcrest Addition From Residential Mixed Use to General
Commercial. (City Council Bill #40)
c. Ordinance Adopting Regulations For Curfew Hours For
Minors. (City Council Bill #41)
City Council Agenda
Tuesday, March 6, 2001
Page 3
10. Resolutions:
a. Resolution Waiving A Moratorium Regarding The
Construction Of A Communications Tower At 2914 Old
Jacksboro Highway As Requested By SBA Inc. Of Austin,
Texas. (City Council Bill #42)
11 . Award of Bids:
a. Award Of Contract To Darrell Holland Construction For The
Rehabilitation Of Property Located At 2705 Baltimore In The
Amount Of $29,790.00, And Property Located At 1607
Giddings In The Amount Of $34,600.00.
b. Award Of Bid For The Purchase Of Two (2) Front End
Loader/Backhoes And One (1) Hydraulic Hammer To
Construction Agricultural Supply Company In The Amount
Of $117,456.00.
c. Authorize Sole Source Procurement Of A Model 224D
Diesel Boring Machine From International Boring
Incorporated In The Amount Of $23,464.60.
d. Award Of Bid For The Purchase Of The City's Annual
Requirement Of Summer Flowers To Smith's Greenhouse In
The Amount Of $22,227.20.
12. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
13. Adjourn.
Wheelchair or handicapped accessibility to the meeting is possible by
using the handicapped parking spaces and ramp located off the east
parking lot on the 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.
City Council Agenda
Tuesday, March 6, 2001
Page 4
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