Min 10/06/1998 296
Wichita Falls, Texas
Memorial Auditorium Building
October 6, 1998
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:
f
Kay Yeager - Mayor
Don Johnston - Councilors
Dan Shine -
Angus Thompson -
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.
Invocation was given by Reverend Tom Handrick, St. Paul Lutheran Church.
Item 3
Billy Brown, Jr., Parks Department Worker II, was honored as employee of the Month
for the month of September. Mayor presented him with a plaque, theater passes, dinner for
two, and a check.
Mayor presented Texoma's Best Awards which are sponsored by the Times Record
News. Texoma's Best Public Park award went to Lucy Park and Mr. Jack Murphy accepted the
award on behalf of Parks and Recreation. Texoma's Best Bus Driver was Mr. James Smith
and he accepted his award.
Mayor proclaimed the month of October 19, 1998 as "Arts & Humanities Month" in
Wichita Falls and asked citizens to participate in the cultural riches.
Mayor proclaimed the week of October 5-11, 1998 as "Heritage Week" in Wichita Falls
and invited all citizens to participate.
Mayor proclaimed the week of October 4-10, 1998 as "Fire Safety and Fire Prevention
Week" in Wichita Falls and encouraged all citizens to become involved in fire safety and fire
prevention. In celebration of this, the Fire Department and Golden Corral sponsored a poster
contest for the grade schools. Fire Marshall David Collins provided information on the fire
prevention program and its benefits in educating the children in the schools. The Corporate
Sponsor was Golden Corral, and their manager Mr. Patrick Harlow presented savings bonds
of$100 for first place, $75 for second place and $50 for third place. The children were present
to accept their awards and to exhibit their poster entries. Mayor expressed appreciation to the
Fire Department, Golden Corral, parents, and the schools for their participation in this program.
Item 4
Ron Looney, Master Pools by Star Line, 601 Holiday, informed that he has been in
imminent domain proceedings with TXDOT for some time and as a result is having to relocate
his business, which will now be at 5016 Jacksboro Highway. He had to construct a warehouse
for his equipment, which is three-fourths complete, but did not obtain a permit prior to
297
Item 4 cont'd.
beginning the construction. He has run into a problem with the required 30' setback of which
he was not aware, and is now unable to obtain a permit to complete construction. Mayor
informed Mr. Looney that Council would respond to this at the end of the meeting.
David Brock, 1819 Hines, spoke in reference to 1209 21" Street which he said was
going to be demolished by the City on Wednesday. He informed Council that he filed a
Temporary Restraining Order to stop the demolition. He told Council that they had given him a
six month extension and he has been working on the house. He said that he wanted this
resolved so he could finish the house and move into it. Mayor informed Mr. Brock that if one of
the Council members wanted to bring this up at the end of the meeting it could be discussed.
Irene Lambert, 1609 Burlington, President of League of Women Voters, provided
Council a copy of the League's position on recycling. After a three-year study on recycling the
League concluded that it was very important to support recycling efforts and that they would
support methods to make it easier, including curbside recycling. They encouraged the use of
the savings from the automated trash collection system to further the methods of separating
recyclables. Also, the League is in support of public education on the three R's - Reduce,
Reuse, and Recycle. Mrs. Lambert concluded by asking Council to take further steps to save
our environment.
Jean Lynch, 6637 Southwest Parkway, asked for a curb and gutter waiver on Lot 38-
39, Rancho Vista Place. Mayor will check with Staff on this and see what can be done.
Item 5
The Minutes were approved with clarification on Page 285, last sentence, and a
correction on Page 293 reflecting that Councilor Johnston was not in attendance after the
Executive Session.
City Manager gave a briefing on the items listed under the Consent Agenda.
Items 6a-8h
Moved by Councilor Johnston that the consent agenda be approved with the deletion of
Item 8a as requested by City Manager.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 6a
RESOLUTION NO. 145-98
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS
AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM
INDUSTRY; DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Item 6b
RESOLUTION NO. 146-98
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
FORMALIZING THE APPOINTMENT PROCESS FOR APPOINTMENTS TO THE BOARD OF
TRUSTEES OF THE HELEN FARABEE REGIONAL MHMR CENTERS; DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
298
Item 7a
Bid was awarded to Pitts Ready Mix, in the amount of $100,462.50 for the purchase of
the City's estimated annual requirement of ready mix concrete and flowable fill.
Item 8a-8h
Minutes of the meeting of the following boards and commissions were received:
a. This item was deleted upon City Manager's request.
b. Planning & Zoning Commission -August 12, 1998
c. Planning & Zoning Commission - September 9, 1998
d. Landmark Commission - July 16, 1998
e. Landmark Commission -August 27, 1998
f. Helen Farabee Center Board of Trustees -August 31, 1998
g. Board of Electrical Examiners - September 14, 1998
h. Wichita Falls-Wichita County Public Health District -August 28, 1998
Item 9a
A public hearing was held to receive comments regarding a FY 1999 grant application
to the Federal Transit Administration to receive assistance for capital operating, and planning
activities conducted by the Wichita Falls Transit System.
Mayor declared the public hearing open.
Mr. Robert Parker explained that this is their yearly grant that covers operating
expenses. The capital purchases include two buses at $412,000, a hydraulic lift at $50,000 and
two bus shelters at $10,000. $70,000 in Planning Funds will be used for general transportation
planning activities and $70,000 will be used for aerials. Operation Funds will be used to
operate a route deviation system with five routes and one express route.
Mayor allowed for additional comments. There being none, Mayor declared the public
hearing closed.
Item 9b
A public hearing was held to receive comments on the November 1998 quarterly
revisions to the FY 1998-2000 Transportation Improvement Program.
Mayor declared the public hearing open.
Mr. David Clark informed that this funding was similar to the transit operations and
capital grants. As part of the federal funding requirements the Transportation Improvement
Program is updated periodically to reflect those upcoming costs. Any action today, if any,
would be incorporated as it is considered to amend the Transportation Improvement Program
for use of federal funds in the same manner as was just discussed in the purchasing of two
buses, lift, etc.
Mayor noted that this was the second of two public hearings as required by law, and
informed that the Metropolitan Planning Organization will meet in the morning to consider this.
Mayor allowed for additional comments. There being none, Mayor declared the public
hearing closed.
Item 10a
ORDINANCE NO. 84-98.
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF
WICHITA FALLS, TEXAS WATER AND SEWER SYSTEM PRIORITY LIEN
REVENUE BONDS, SERIES 199813; AUTHORIZING THE EXECUTION OF A
299
Item 10a cont'd.
BOND PURCHASE AGREEMENT AND A PAYING AGENT/REGISTRAR
AGREEMENT; AND APPROVING AN OFFICIAL STATEMENT
Moved by Councilor Thompson that Ordinance No. 84-98 be passed.
Motion seconded by Councilor Johnston.
Murphy Davis, City's Financial Advisor, Sentry Management, Inc., 22 Chateau Court,
explained the issuance and sale of these bonds, and the combination of these bonds. He also
informed Council on the refunding of the bonds listed in Item 10b.
This first ordinance is being issued for new money for services that the City is
contemplating will be new financing. The new and the old financing was combined because it
was timely and the money for the new finance is needed now, and by combining them into one
we saved issuance costs.
The amount of the issue for Series 1998-A is $22,795,000 with a true interest cost of
4.498%. The total dollar savings is $2,078,025 and total present dollar savings is $1,576,587.
The term of the bonds is 1999-2012, which is the same as on the outstanding bonds. The
actual dollars is the $2 million and, from an accounting perspective, as far as the cash net
flows now versus what they are going to be is the $1.5 million. These are the actual figures
that will accrue to the City, we are not extending the debt, we are paying it off at the same
time. If rates go lower we have the opportunity to refinance but we may not be able to refund;
you have a one time refunding.
The second ordinance, Priority Lien Revenue Bonds, Series1998-13, is a new issue in
the amount of $5.5 with a true interest cost of 4.59%. The term of the bonds is 1999-2018.
This has a 20 year schedule and now is a good time to lock in the low rates. Mr. Murphy
explained the handout which addressed both issues.
Mr. Murphy introduced Sarah Tangen representing McCall Parkhurst & Horton, Bond pow
Counsel, and Will Carney representing Dain Rauscher, Inc., Underwriter.
wits
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 10b
ORDINANCE NO. 85-98
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF
WICHITA FALLS, TEXAS WATER AND SEWER SYSTEM SUBORDINATE
LIEN REVENUE REFUNDING BONDS, SERIES 1998A; AUTHORIZING THE
EXECUTION OF A BOND PURCHASE AGREEMENT, AN ESCROW
AGREEMENT, A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING
AN OFFICIAL STATEMENT; AND AUTHORIZING OTHER MATTERS
RELATED
Moved by Councilor Johnston that Ordinance No.85-98 be passed.
Motion seconded by Councilor Thompson and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine Thompson, Altman, Burns, and
Beaty
Nays: None
300
Item 10c
ORDINANCE NO. 86-98
ORDINANCE REZONING 2518 AND 2522 OLD IOWA PARK ROAD FROM
SINGLE FAMILY-2 TO CONDITIONED GENERAL COMMERCIAL, AND
REZONING 1108 AND 1200 KENLEY LANE FROM RESIDENTIAL MIXED
USE TO CONDITIONED GENERAL COMMERCIAL; DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Johnston that Ordinance No. 86-98 be passed.
Motion seconded by Councilor Beaty.
Ron Childress, GRACO Real Estate Development, Inc., Petitioner, stated that they are
satisfied with this rezoning.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 10d
A proposed ordinance was presented waiving Section 4220(i), of the Zoning
Ordinance governing the placement of carports in the front setback, for a carport at 119
North Glencoe Circle.
Moved by Councilor Burns that proposed ordinance be passed.
Motion seconded by Councilor Johnston.
Mr. David Clark informed that Planning & Zoning denied this request finding that rear
access from a paved alley was reasonably possible, as required by the Zoning Ordinance.
The applicant is requesting a waiver to allow him to construct this carport. There is one
carport in the front setback area within 200 feet of this request.
Motion failed by the following vote.
Ayes: Councilors Johnston, Shine, and Burns
Nays: Mayor Yeager, Councilors Thompson, Altman, and Beaty
Item 10e
ORDINANCE NO. 87-98
ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE
FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS
DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT ACCEPTING SAME
Moved by Councilor Thompson that Ordinance No. 87-98 be passed.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
301
Item 10f
ORDINANCE NO. 88-98
ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A TEXAS
TOBACCO COMPLIANCE GRANT IN THE AMOUNT OF $5,000 AND MAKING
AN APPROPRIATION IN THE SPECIAL REVENUE FUND FOR THIS GRANT
MONEY ; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Johnston that Ordinance No. 88-98 be passed.
w
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 10g
ORDINANCE NO. 89-98
ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING
SECTION 31-27 OF THE CODE OF ORDINANCES ENTITLED
"DEFINITIONS"; TO REDEFINE THE TERM "OWNER-OPERATOR";
PROVIDING FOR INCLUSION IN THE CODE; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Johnston that Ordinance No. 89-98 be passed.
Motion seconded by Councilor Thompson.
City Attorney informed that this issue came up at the last Council meeting when it was
discovered that the entire Presidential taxi service was operating under the term
owner/operator. That was never the intent of this specific provision in our taxi ordinance. Our
Ordinance is designed to allow an individual or a person who owns a taxi cab or has an
interest in taxi cabs to operate as a taxi driver and earn some revenue under someone else's
franchise, as long as they have a contract, excluding companies or corporations. This
amendment closes the potential of one corporation owning the franchise and another
corporation actually operating the taxi service by leasing the franchise rights from the
corporation that holds the franchise which may not have any other assets. This proposed
amendment states what the Council's intent is in defining the term "owner/operator". City
Attorney clarified that this does not preclude an individual from owning more than one taxi cab.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
City Council recessed at 10:30 a.m. and reconvened at 10:45 a.m.
Item 11 a
RESOLUTION NO. 147-98
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE WITH
THE ARTS COUNCIL, WICHITA FALLS AREA, INC., OF THE KEMP PUBLIC
302
Item 11 a cont'd.
LIBRARY BUILDING FOR A PERIOD OF 50 YEARS; DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Thompson that Resolution No. 147-98 be passed.
Motion seconded by Councilor Johnston.
Lin Purtle, 2423 Brentwood Drive, gave a presentation in favor of this resolution. Mrs.
Purtle informed that they had done quite a bit of detailed research to determine if the Wichita
Falls citizens could support an arts center in the Kemp Library Building. We have learned that
virtually every arts center in Texas is supported by a city, and also that our arts community
needs and would make use of an arts center. With over one half of our survey results in, the
citizens of Wichita Falls support an arts center in the Kemp Library Building.
With our changing economy the arts cannot afford to work independently of one
another. We have broad base support for this project and if we can secure the proposed lease
we can proceed with the necessary expenditures and undertaking to remodel the Kemp Library
Building. Without a lease we can go no further. Foundations will grant funds if we have the
City's support. We have set a goal to raise an endowment for the arts center to pay the
electric bill and other expenses we will have at the beginning. If we do not have a 50 year
lease and the support of the City in maintaining the grounds we do not believe we have a
viable project.
We are proposing a partnership to the City. Mr. David White has offered to contribute
the first $1 million to renovate the Kemp and this attests to the validity of this proposal. The
Arts Council is willing to conduct the necessary fund raising to refurbish the building and we will
continue to support it as a cultural aspect of downtown. All we are asking is for a long term
lease and your support of the grounds. If we are unsuccessful in our fundraising or unable to
operate the building as we have pledged, the building reverts to the City with any
improvements we have made.
Councilor Altman stated that he was in favor of the 50 year lease, but his concern was
with the commitment of tax dollars in the form of the grounds maintenance and the utilities.
He mentioned Resolution 2103 which established the Arts Commission and the policies. Under
that the Council determines the amount of funds available for the support and promotion of
artistic and cultural resources in Wichita Falls, and this Commission has presented
recommendations for expenditures. He felt it was an inappropriate permanent commitment of
city tax payer funds to permanently maintain the grounds.
Councilor Altman proposed the following amendment which provides that the City
would maintain the grounds for a period of three years, and that period would be time for the
Arts Council to raise funds and complete the renovations. At the end of the three years any
obligations for the City to maintain the grounds under the lease would terminate and the Arts
Council would come under Resolution 2103 like all the other arts organizations in this
community and on an annual basis would apply to the City. The Arts Commission would be
able to evaluate the Arts Council's needs along with the needs of all other arts and cultural
organizations in this community, and come to the City Council with recommendations.
Moved by Councilor Altman that paragraph CA of the lease be amended as he just
previously stated.
Motion seconded by Councilor Beaty.
Council members stated their position on the lease and were agreeable to the 50 year
term, but there was a concern about the grounds maintenance. City Manager submitted costs
for the maintenance of the grounds which Council discussed at length. Council's concern was
what the City was actually committing to in the future, and what would actually be required on
the upkeep if gardens, sculptures, etc. were added.
Councilor Thompson suggested defining in the lease what maintenance involves in
order to alleviate this concern. Mrs. Purtle said that they do not have a specific purpose for the
303
Item 11 a cont'd.
grounds; it is like a City park and we want to continue having activities on the grounds and
would not object to having joint use of the grounds and the building with the City.
City Attorney suggested that the intent of the Council is to maintain the lawn at its
current level, and with that language it would commit us to just that level and no more. This
change would be under Lease Clause CA. Council concurred.
Vote on the proposed amendment failed by the following vote.
Ayes: Councilor Altman
Nays: Mayor Yeager, Councilors Johnston, Shine, Thompson, Burns, and Beaty
Mayor suggested that the word "may" under Lease Clause E.2 in the second sentence
be stronger. City Attorney suggested the word "shall". Council Concurred.
Liability was discussed, but was left as proposed in the lease.
David white, 2102 Berkeley asked that the lease be accepted as proposed with only the
typographical corrections.
Motion, with the changes on the definition of grounds maintenance under Lease Clause
CA and word change under Lease Clause E2, carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Burns, and Beaty
Nays: Councilor Altman
Item 11 b
RESOLUTION NO. 148-98
RESOLUTION SUBMITTING A REQUEST FOR $400,000 TO THE 4B SALES
TAX BOARD FOR IMPROVEMENTS TO THE SECOND FLOOR OF THE
LIBRARY; 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. 148-98 be passed.
Motion seconded by Councilor Thompson.
Councilor Shine informed that this is a request to be submitted to the 4B Board for
funding approval, and if approved will come back to the Council.
Lloyd "Bill" English, 4513 Wendover had a question regarding the plans and anticipation
of the usage of the second floor as involves the military history collection. Councilor Shine
stated that he felt that would be worked out in the plans, and suggested that Mr. English work
further with Parks and the Librarian on his concern.
Mr. English commented that it is hard to conceive that an estimate of cost would be
complete without knowing what they were going to do in this particular regard. Councilor
Johnston clarified that the cost estimate was prepared to open up some areas and to paint and ,d
patch up; it is not a great deal of remodeling.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine Thompson, Altman, Burns, and
Beaty
Nays: None
304
Item 11 c
RESOLUTION NO. 149-98
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
VEHICLE MAINTENANCE AGREEMENT WITH MIDWESTERN STATE
UNIVERSITY; 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. 149-98 be passed.
Motion seconded by Councilor Burns.
Mr. Robert Parker explained that this is to work on their heavy equipment that they
cannot get into their maintenance facilities, such as a backhoe. It was approved in April, 1998
with the addition of a hold harmless clause, as recommended by Council.
City Attorney added that the Attorney General did not allow Midwestern State University
to sign the agreement with the hold harmless clause in it. He informed that the City had other
agreements with other entities that do not have a hold harmless clause, for that same reason.
Therefore, we have brought the agreement back to Council without a hold harmless clause in
it.
Councilor Johnston asked if we were putting ourselves at a risk for potential liability?
City Attorney replied that we are, and this is not a traditional governmental service. I do not
believe that providing maintenance for another governing entity's vehicles is going to be
considered a governmental question under the Torts Claims Act, which makes it proprietary
and gives us unlimited liability.
Councilor Shine mentioned that Council had committed in a workshop that we would be
friendly to other government entities and sometimes you have to take some chances. What
we gain out of this is the minor liability concern.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 11 d
RESOLUTION NO. 150-98
RESOLUTION WAIVING THE CITY OF WICHITA FALLS' ELIGIBILITY TO
APPLY FOR 1998 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
FUNDS AND REQUESTING THAT WICHITA COUNTY RECEIVE THE
WAIVED FUNDS; DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Moved by Councilor Thompson that Resolution No. 150-98 be passed.
Motion seconded by Councilor Johnston.
City Manager informed that we are eligible for a $60,000 grant and we thought that the
best use of those funds at this time would be to expand the boot camp capability by waiving
our rights to the money over to the County for this one year only. The County would match the
funds. The boot camp has been a real success story in terms of cutting down repeat offenders.
Mayor pointed out that the Greater Wichita Falls Youth Interdiction Board nomenclature
is what evolved from the Gang Task Force as we formalized last year going for the grant with
the WFISD and the City.
Motion carried by the following vote.
305
Item 11 d cont'd.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 11 e
RESOLUTION NO. 151-98 w..
RESOLUTION TO THE TEXAS LEGISLATURE REQUESTING THE
RESTORATION OF THE HIGHWAY FUND; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Johnston that Resolution No. 151-98 be passed.
Motion seconded by Councilor Thompson and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 12a
Moved by Councilor Johnston that contract be awarded to Spectrum Paving in the
amount of $22,985.60 for the construction of concrete sandboxes, bleacher pads, and walks,
and to Duke Construction in the amount of $11,176.00 for the construction of concrete
sandboxes and walks.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 13a(1)
Mr. Larry Lambert, 1609 Burlington, Chair for the Mayor's Committee for the Revision
of the Home Rule Charter of the City of Wichita Falls, presented an update on the Charter
review, a copy of which is attached hereto as Exhibit A.
City Council recessed at 12:25 p.m. and reconvened at 12:40 p.m.
Item 13a
Councilor Thompson commented that we had a rather strenuous debate in reference to
the Kemp Center. Hopefully we will all leave today as close friends and good friends. He
stated that sometimes we have to defend our points of view and sometimes they are
diversions, and we don't always see and agree on the same thing. Sometimes we have to
defend people and ideas that we know might not be well received. We have to do our best
and even when we do not prevail we are still friends at the end of that. There will be another
time when you, referring to Councilor Altman, will prevail and we will agree with you.
306
Item 13a cont'd.
Councilor Shine stated that he was glad that we did what we did on the Kemp issue.
Regarding Mr. Looney's request, he stated that if it needs to come before the Council it needs
to be done formally. Council cannot make a decision unless it is on the agenda. He thanked
the Charter Review Committee for their time and commitment, and hoped it would be ready for
the next election.
Councilor Johnston referred to the City Boards and Commissions and expressed
appreciation to all those persons who volunteer to serve on all the City Commissions. He
suggested having an appreciation day for all these persons.
Councilor Burns said he would like to see some way that the Planing & Zoning
Commission could be empowered to make decisions like the one discussed this morning on
the carport, if certain situations are present and Planning & Zoning has no discretion and it
has to come to the Council. He would like to see that they be directed to act on those issues.
Mr. Clark stated that this has been presented to the Council twice before. If Council wants us
to prepare that for their action, that language could be deleted from the Ordinance to allow
decisions be made by the Planning & Zoning Commission.
Councilor Burns stated that he would like to see that done if we can get a consensus.
It would be a more efficient use of our time. Councilor Shine agreed. It was noted that he
needed three Council members to place an item on the agenda.
Councilor Altman referred to the Planning & Zoning Commission and stated that they
have authority except where we have established a policy that if there is paved alley rear
access, those waivers shall not be granted by Planning & Zoning and they come to the
Council, who acts as an appeals board. I feel that since this issue has been considered
several times in the past, the way it is being handled now is appropriate. I have no problem
with revisiting it but the way it is being handled is adequate with the idea to maintain
appearance and integrity in the neighborhoods, subject to some guidelines which have been
established.
Councilor Altman referred to Councilor Thompson's comments and said he appreciated
them. The nature of a democratic government is for people to express their opinions, and
debate and discuss things. I appreciate the debate, opinions, and votes we have had, and I
can assure you that those are past and we are going on to other issues which we will probably
have reason to debate and discuss in the future. I appreciate your comments made during the
course of that discussion although I do not agree with them, there were valid points to be made
on all sides of that discussion.
Councilor Altman stated that he has been very impressed with the number of unselfish
dedicated people who serve on the City boards and commissions. We do need to take some
effort to give better recognition to these people and show our appreciation for their service.
The number of people who serve on these commissions is inspiring.
Mayor stated that we do advertise and seek people to come and serve on our
commissions. She added that some commissions do take a lot of time but others do not. She
encouraged interested citizens to come and pick up an application in the City Managers office.
It is a way of serving your City and expressing your interest in the future of this community. I
had long admired the volunteerism in Wichita Falls, and two events which epitomize that are
the Texas/Oklahoma Fair and Falls Fest.
In response to Mr. David Brock she stated that if he has filed a restraining order that is
where we should leave that and go from there. In response to Mr. Looney, a resolution of that
situation would have to be to ask Council to waive a particular section of the zoning
regulations. Mr. David Clark stated that when it comes to changes of setback requirements
that can sometimes be heard by the Board of Appeals. However, for the Board to hear it,
there has to be a hardship which has to be other than monetary or self-imposed. When it goes
beyond that it becomes an outright waiver and I do not recommend that, otherwise, why do
you need the Zoning Ordinance?
Councilor Shine stated that he did not know why it could not go to the Board of Appeals
and felt that some way we needed to give the citizens the right to do things that seem to be
right in their views. Where do the rights come in? If Mr. Looney has the right to come before
Council, you should send him.
307
Item 13a cont'd.
Mr. Clark informed that the Appeals Board is a final board, after that it goes to court.
He said he had not been personally involved in this and wanted to investigate it further to see
if there are any additional options.
Mayor referred to Mrs. Jean Lynch's request for curb and gutter waiver and informed
that would be referred to Mr. George Bonnett.
Mayor referred to the League of Women Voters letter on recycling and mentioned that it
has been discussed at several workshops, however, she hopes to discuss recycling again at
some upcoming worksessions.
Item 13b
City Manager passed out some information regarding the web page and announced
that we are live at cwftx.net.
Item 13c
City Council went into executive session at 1:00 p.m. as authorized by the Texas
Government Code Section 551.074, and reconvened at 4:25 p.m.
Item 13d (1)
Mayor noted that there were no applications to the Board of Adjustment, and
encouraged interested citizens to apply at the City Manager's office.
Item 13d (2)
Moved by Councilor Thompson that Mr. Roger Wright be re-appointed to Place 7 of the
Board of Electrical Examiners, TU representative, with term to expire May 31, 1999.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 13d (3)
Councilor Beaty nominated Mrs. Elizabeth Graham to fill Place 14, replacing Mr.
Samuel Graham, Arts Commission.
Councilor Altman nominated Mr. Joe Tom White to fill Place 11, replacing Mrs. Cynthia
D. Brock, Arts Commission.
Moved by Councilor Johnston that the following appointments and re-appointments be
made to the Arts Commission with all terms to expire April 30, 2000.
Appointments:
Place 3 - Mrs. Jean Hall, replaces Mr. Michael Maloney (W.F. Backdoor Theatre)
Place 5 - Dr. Ronald Hough, replaces Mr. Don Henschel (Midwestern State University)
Place 6 - Mrs. Kathy Lim, replaces Mrs. Betty Hansen (W.F. Art Association)
Place 11 - Mr. Joe Tom White, replaces Mrs. Cynthia D. Brock (At-large)
Place 14 - Mrs. Elizabeth Graham, replaces Mr. Samuel A. Graham, Jr. (At-large)
308
Item d (3) cont'd.
Re-appointments:
Place 4 - Mrs. Nedra Palmer (Wichita County Heritage Society)
Place 7 - Mrs. Linda Wilson (W.F. Museum &Art Center)
Place 9 - Mrs. Lynn Hoggard (At-large)
Place 10 - Mrs. Gail Key (At-large)
Place 12 - Mr. John W. Vitek (At-large)
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 13d (4)
Moved by Councilor Thompson that the following persons be re-appointed to the
Construction Board of Adjustments and Appeals with terms to expire October 31, 2000.
Place 1 - Mr. Randall Poteet (General Building Contractor)
Place 2 - Mr. Louis Lane (Mechanical Engineer)
Place 7 - Mr. Ron Longino (Property Insurance Representative)
Place 8 - Mr. Bill Roland (Home Building Industry)
Motion seconded by Councilor Johnston and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 13d (5)
Moved by Councilor Thompson that Mr. Samuel R. Clement, Jr. be appointed to Place
7 of the Commission on Human Needs, with term to expire December 31, i998. Mr. Clement
will replace Mrs. Lynda Myracle who resigned.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 13d (6)
Moved by Councilor Johnston that appointments to the Traffic Safety Commission be
tabled, pending a meeting to be held by this Commission on Wednesday.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
309
Item 13d (7)
Moved by Councilor Altman that the following appointment and re-appointment be
made to the Helen Farabee Regional MHMR Centers Public Responsibility Committee with
terms to expire August 31, 2000.
Appointment:
Place 1 - Mr. Bill Barber, replaces Jackie Hall
Re-appointment:
Place 2 - Mrs. Jeanne Wakeman
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
The City Council adjourned at 4:40 p.m.
PASSED AND APPROVED this day of , 1998.
I 9
KA RYN A. Y GER
MAYOR
ATTEST:
(AS bi
Lydia Torres
City Clerk
s
Larry L. Lambert
Attorney at law
301 Executive Building
700 Scott Avenue fax & telephone 940- 723-4900
Wichita Falls, Texas 76301 cellular number 940- 781-3490
For presentation to the Mayor
and City Council
October 6, 1998
Honorable Kay Yeager, and
Members of the City Council
Re: Mayor's Committee for the Revision of
the Home Rule Charter of the City of Wichita Falls
Interim Report
-----------------------------------------
Appointment of the Committee. On January 6, 1998, Mayor Yeager announced the creation of the
above committee, and the appointment of five members: Chairman, Larry Lambert, and members D'Lyn
Davison, Guillermo Garcia, Perry Goolsby, and Arthur B. Williams. On January 21, 1998, we met with
Mayor Yeager, City Attorney Greg Humbach, and City Clerk Lydia Torres, to organize and plan our work
schedule.
The Committee's Mission. According to the Mayor, our purpose is not to prepare a new Charter, nor
to recommend substantial substantive changes. Our authority is purely advisory, and the goal is to
recommend changes which will:
[1] address conflicts between the Charter and state law,
[2] address conflicts between the Charter and federal law (especially as reflected in court decisions
involving the City),
[3] address internal inconsistencies within the Charter itself,
[4] address conflicts between the Charter and the City Code, and
[51 address confusion resulting from the use of antiquated language.
An Overview of Potential Problems. Since its inception in 1920, the Charter has been amended
numerous times, and has become a patchwork of piecemeal segments. In at least one instance, a new
section was added which is in direct conflict with an existing section, but the old section was not repealed.
In another instance,the Federal Court entered a judgment changing the composition of the City Council,
but the Charter has never been modified to reflect that organic change. In several instances, the state
Law or Constitution has been changed to alter what is permissible, and yet conflicting sections of the
Charter are still on the books. There are no headings for individual sections in the published City
Charter. This sometimes makes it difficult to find the applicable provision. In 1988, the name of the
Board of Aldermen was changed to the City Council, and members of the Council were redesignated from
Aldermen to Councilors. Yet the published City Charter still uses the old terms throughout.
1
City Council Meeting "EXHIBIT A"
October 6, 1998
Item 13a (1 )
Mayor Committee on Charter Revision,
Interim report from the committee,
October 6, 1998.
--------------------------------------------------
Progress to Date. We have now met 15 times. We decided to start at the beginning and take each
section in order. The committee has considered the first 83 sections of the Charter, which has a total of
153 sections. Therefore, we are approximately half way through. Because the committee was
commissioned by the Mayor, she has regularly met with us. The committee membership is made up of
two attorneys, a former Justice of the Peace, a former public school administrator, and a former professor
at MSU. Three are former members of the City Council. Even so, municipal law is"different" than other
types of law, and the relationship between a Home Rule City and other governmental bodies is a field unto
itself. Therefore, we have asked the City Attorney and the City Clerk to meet with us on a regular basis.
The City Finance Director has also met with us when we were considering those sections relating to
taxation and finance. The background, legal references, and input they have provided has eased our work
considerably.
Final Remarks. The members of the committee have not always seen eye-to-eye. Some of our
discussions have been. . . . . lively. Yet, so far we have been able to resolve our differences and proceed
on a consensus basis. We anticipate that we will be through the entire Charter by early 1999. We hope
that these remarks are sufficient to inform you what we are doing. If you need further information, then
we stand ready to respond.
Respec ully)submitted,
Larry Lam rt, or the ommittee
copies: Members of the committee
2
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, October 6, 1998 beginning at 8:30 a.m.
City Council: Mayor Kay Yeager - Councilors Angus Thompson,
Bud Beaty, William Altman, Don Johnston, Johnny
Burns and Dan Shine
1 . Call to Order.
2. Invocation: The Reverend Tom Handrick
St. Paul Lutheran Church
3. Presentations: Employee of the Month
Parks Department
4. Comments from the public to members of the City Council on
items which 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. A Resolution Authorizing The City Manager To Execute
Contracts With Several Community Service Organizations
And Organizations That Promote The Convention And
Tourism Industry. (City Council Bill #244)
b. Resolution Authorizing the Mayor to Execute an Interlocal
Agreement Formalizing the Appointment Process For
Appointments to the Board of Trustees of the Helen Farabee
Regional MHMR Centers. (City Council Bill #245)
7. Award of Bids:
City Council Agenda
Tuesday, October 6 1998
Page 2
a. Award Of Bid For The Purchase Of The City's Estimated
Annual Requirement Of Ready Mix Concrete And Flowable
Fill To Pitts Ready Mix In The Amount Of $100,462.50.
8. Receive Minutes:
a. Library Advisory Board - June 23, 1998
b. Planning & Zoning Commission - August 12, 1998
c. Planning & Zoning Commission - September 9, 1998
d. Landmark Commission - July 16, 1998
e. Landmark Commission - August 27, 1998
f. Helen Farabee Center Board of Trustees - August 31 , 1998
g. Board of Electrical Examiners - September 14, 1998
h. Wichita Falls-Wichita County Public Health District -
August 28, 1998
REGULAR AGENDA
9. Public Hearings:
a. A Public Hearing To Receive Comments Regarding A FY
1999 Grant Application To The Federal Transit
Administration To Receive Assistance For Capital,
Operating, And Planning Activities Conducted By The
Wichita Falls Transit System.
b. A Public Hearing To Receive Comments On The November
1998 Quarterly Revisions To The FY 1998-2000
Transportation Improvement Program.
10. Ordinances:
a. Ordinance Authorizing The Issuance And Sale Of City Of
Wichita Falls, Texas Water And Sewer System Priority Lien
Revenue Bonds, Series 199813; Authorizing The Execution
of A Bond Purchase Agreement And A Paying
Agent/Registrar Agreement; And Approving An Official
Statement. (City Council Bill #246)
10. Ordinances (cont'd)
b. Ordinance Authorizing The Issuance And Sale Of City Of
Wichita Falls, Texas Water And Sewer System Subordinate
Lien Revenue Refunding Bonds, Series 1998A; Authorizing
City Council Agenda
Tuesday, October 6 1998
Page 3
The Execution Of A Bond Purchase Agreement, An Escrow
Agreement, A Paying Agent/Registrar Agreement;
Approving An Official Statement; And Authorizing Other
Matters Related Thereto. (City Council Bill #247)
c. An Ordinance Rezoning 2518 And 2522 Old Iowa Park Road
From Single Family-2 To Conditioned General Commercial,
And Rezoning 1108 And 1200 Kenley Lane From
Residential Mixed Use To Conditioned General Commercial.
(City Council Bill #248)
d. An Ordinance Waiving Section 4220(I) Of The Zoning
Ordinance To Allow A Carport At 119 North Glencoe Circle.
(City Council Bill #249)
e. Ordinance Making Appropriation To The Special Revenue
Fund For Additional Grant Revenue From The Texas
Department Of Health And Authorizing The City Manager To
Execute Contract Accepting Same. (City Council Bill #250)
f. Ordinance Authorizing The City Manager to Accept a Texas
Tobacco Compliance Grant For Use In a STEP (Statewide
Tobacco Education And Prevention) Program. (City Council
Bill #251)
g. Ordinance Of The City Of Wichita Falls, Texas, Amending
Section 31-27 Of The Code Of Ordinances Entitled
"Definitions" To Redefine The Term "Owner-Operator." (City
Council Bill #252)
11 . Resolutions:
a. Resolution Authorizing The Mayor To Execute A Lease With
The Arts Council, Wichita Falls Area, Inc., Of The Kemp
Public Library Building For A Period Of 50 Years. (City
Council Bill #253)
b. Resolution Submitting A Request For $400,000 To The 4B
Sales Tax Board For Improvements To The Second Floor Of
The Library. (City Council Bill #254)
11. Resolutions (cont'd):
c. Resolution Authorizing The City Manager To Execute A
Vehicle Maintenance Agreement With Midwestern State
University. (City Council Bill #255)
d. Resolution Waiving the City of Wichita Falls' Eligibility to
Apply for 1998 Juvenile Accountability Incentive Block Grant
City Council Agenda
Tuesday, October 6 1998
Page 4
Funds and Requesting that Wichita County Receive the
Waived Funds. (City Council Bill #256)
e. A Resolution To The Texas Legislature Requesting The
Restoration Of The Highway Fund. (City Council Bill #257)
12. Award of Bids:
a. Award Of Contract For The Construction Of Concrete
Sandboxes, Bleacher Pads, And Walks To Spectrum Paving
In The Amount Of $22,985.60 And To Duke Construction In
The Amount Of $11 ,176.00 For The Construction Of
Concrete Sandboxes And Walks.
13. Other Council Matters:
a. Discussion of items of concern to members of the City
Council.
(1) Charter Advisory Commission Report
b. Staff/Council discussion.
c. Executive Session:
(1) Consider Qualifications Of Possible Appointees To The
Board Of Adjustment, Board Of Electrical Examiners,
And Construction Board Of Adjustments & Appeals As
Authorized By Section 551 .074 Of The Texas
Government Code.
(2) Annual Evaluation: City Council Appointees as
Authorized by Section 551.074 of Texas Government
Code.
d. Appointments to Boards & Commissions
(1) Board of Adjustment
(2) Board of Electrical Examiners
(3) Arts Commission
13. Other Council Matters:
d. Appointments to Boards & Commissions (cont'd)
(4) Construction Board of Adjustments & Appeals
(5) Commission on Human Needs
(6) Traffic Safety Commission
(7) Helen Farabee Regional MHMR Centers Public
Responsibility Committee
City Council Agenda
Tuesday, October 6 1998
Page 5
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,
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
19 at o'clock (a.m.)(p.m.)
City Clerk