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Min 01/05/1999 364 Wichita Falls, Texas Memorial Auditorium Building January 5, 1999 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 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 Mr. Les McGallaird, Faith Village Church of Christ Item 3 Mrs. Genovia Knight, Community Service Officer, Police Department, was recognized as Employee of the Month for the month of January. Mayor presented Mrs. Knight with a plaque, a City pin, dinners for two, and transit passes. Mayor recognized Dr. Connie Welch, WFISD Superintendent, Mr. Danny Edleman, Hirschi High School Coach, Mr. Bill Froman, Rider High School Coach, and the two football teams. Mayor read proclamations recognizing both teams and congratulating them for succeeding to the playoffs. Councilors presented the coaches and team members with City pins. Mayor proclaimed the month of January, 1999 as "Crimestoppers Month in Wichita Falls" and congratulated those involved for having a very successful program. Item 4 Mayor noted that persons who signed up to speak were speaking on an item which was on the agenda and they would be provided an opportunity at that time to speak. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. 365 Items 6a-8 Moved by Councilor Thompson that the consent agenda be approved. 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 6a Bid was awarded for the purchase of two (2) each 52" ride-on-mowers, through the State of Texas Cooperative Purchasing Program, from the Grasshopper Company, in the amount of$15,256.00. Item 6b Bid was awarded for the purchase of two (2) each police motorcycles to Kawasaki City in the amount of$17,052.00. Item 6c Bid was awarded for the City's annual requirement of belt press polymer for Wastewater to Ciba Specialty Chemicals in the amount of $47,762.32. Bid was awarded for Water Treatment to Central Garden & Pet Company in the amount of $3,583.06. Bids were rejected for the belt thickener. Item 6d Bid was awarded for two (2) each single engine mechanical street sweepers to STM Equipment, Inc. in the amount of$233,146.00. Item 7a RESOLUTION NO. 1-99 RESOLUTION TO APPROVE CHANGE ORDER NO. 3 AND ACCEPT THE PAINTING OF PUCKETT TOWER AND CYPRESS'87 CLARIFIERS PROJECT AND AUTHORIZE FINAL PAYMENT TO TELCOM OF TEXAS, INC.; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 8a & b Minutes of the following boards and commissions were received. a. (4A) Economic Development Corp., August 4, 1998. b. Wichita Falls-Wichita County Public Health Board, October 23, 1998. Item 9a ORDINANCE NO. 1-99 �n ORDINANCE DESIGNATING THE ELKS HOME, THE CENTRAL YMCA, AND THE KEMP/KELL DEPOT AS WICHITA FALLS LANDMARKS; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 1-99 be passed. Motion seconded by Councilor Johnston and carried by the following vote. 366 Item 9a continued Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 9b ORDINANCE NO. 2-99 ORDINANCE REZONING 24.25 ACRES OUT OF BLOCK 1, KEMP AND NEWBY SUBDIVISION OF THE CHEROKEE COUNTY SCHOOL LANDS FROM SINGLE FAMILY-2 TO CONDITIONED GENERAL COMMERCIAL ZONING; 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. 2-99 be passed. 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 9c ORDINANCE NO. 3-99 ORDINANCE AMENDING THE VITEK PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS TO ADD "RADIO AND TELEVISION TRANSMITTING TOWERS" AS A PERMITTED USE TO THE PLANNED UNIT DEVELOPMENT DISTRICT; 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. 3-99 be passed. 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 9d ORDINANCE NO. 4-99 ORDINANCE WAIVING SECTION 9, B, STREETS 1 (H) OF THE SUBDIVISION ORDINANCE TO ALLOW A CUL-DE-SAC OF 460 FEET IN LENGTH PROPOSED FOR A FOUR ACRE TRACT OUT OF BLOCK 2, KEMP AND NEWBY SUBDIVISION; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 4-99 be passed. Motion seconded by Councilor Johnston and carried by the following vote. 367 Item 9d continued Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 9e ORDINANCE NO. 5-99 ORDINANCE CLOSING, VACATING, AND ABANDONING THE SOUTH 200 FEET OF A NORTH-SOUTH ALLEY IN BLOCK 8, SIBLEY TAYLOR ADDITION, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY AND DRAINAGE EASEMENT; 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. 5-99 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 9f ORDINANCE NO. 6-99 ORDINANCE REPEALING ORDINANCE NO. 10-98 TO RESCIND APPROVAL OF FUNDING FROM 4A SALES TAX REVENUES IN THE AMOUNT OF $400,000 TO APAC TELESERVICES AND APPROVE AN AMENDMENT4 TO THE FY 1998-99 BUDGET FOR THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION; 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. 6-99 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 Item 10a RESOLUTION NO. 2-99 RESOLUTION AUTHORIZING THE SALE OF A PORTION OF THE ABANDONED RAILROAD RIGHT-OF-WAY IN THE 1600 BLOCK OF FAIRFAX AVENUE TO AN ADJACENT PROPERTY OWNER AND AUTHORIZING THE MAYOR TO EXECUTE THE QUIT CLAIM DEED; 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. 2-99 be passed. Motion seconded by Councilor Burns and carried by the following vote. 368 Item 10a continued Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10b RESOLUTION NO. 3-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPLY FOR TENTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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. 3-99 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 10c A proposed resolution was presented establishing a parental access area in the Wichita Falls Public Library. Councilor Altman requested unanimous consent to substitute the resolution which was previously passed out. He pointed out that there were three changes and they are as follows. 1) Section 1, last sentence should read: "Such publications may only be accessed for check-out or in-library use by patrons of the library who are thirteen (13) years of age or over." 2) Section 1, Paragraph 1 should read: "Only materials marketed or designed primarily for children age twelve (12) and under shall be eligible for placement in the parental access area;" 3) Section 1, Paragraph 2c should read "We respectfully request that the above-captioned publication be placed in the parental access section to be checked out for in-library or out-of-library use by a patron thirteen (13) years of age or over;" Councilor Altman pointed out that this substitution was to correct a clerical error that was made in putting a version of the proposed resolution that was different from that which was requested to be put on the agenda through a miscommunication. Mayor called for objections from Council on the proposed changes. Mayor declared that there were no objections and that proposed changes would be noted. Moved by Councilor Altman that proposed resolution be passed. Motion seconded by Councilor Thompson. Councilor Altman detailed his proposal. Librarian Linda Hughes presented a summary of the report that was requested by the Council this past summer, and detailed information on other libraries. A discussion ensued. 369 Item 10c continued Moved by Councilor Beaty that the proposed resolution be amended to reflect 300 signatures instead of 100 signatures on the petition. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Councilors Johnston, Thompson, Altman, and Beaty Nays: Mayor Yeager, Councilors Shine and Burns Mayor called for public comment and the following persons spoke against the proposed resolution: David Martin, 2420 Bryan Glen James Hoggard, 111 Pembroke Lane Arthur C. Mitchell, 2114 Selma Greg Thomas, 2002 Victory Jim Bracket, 4600 Tammy Drive Martha Hall, Lake Arrowhead Richard Amon, 2808 Parkview Tom Hoffman, 1521 Celia Sam Graham, 109 Solar Court Lemmie Cowart, 4910 Big Bend Paula Bruno, 4356 Woodlawn Trish Skillman, 5 Circle Drive Karla Smith, 2306 Garfield Pamela Sund, 1600 Burlington City Council recessed at 10:55 a.m. and reconvened at 11:15 Public comments continued regarding the proposed resolution with the following persons speaking in opposition. Arthur B. Williams, 1602 Andrews Drive Tammy Clemens, 4301 Mt. Scott Cleveland Pratt, 5311 Langford Tom Allensworth, 1401 Holiday, Suite 316 Scott Allen, Duncan, Oklahoma Mr. Curtis Smith, 2310 Irving, spoke in favor of the proposed resolution. Council members expressed their opinions. Additional discussion followed. Moved by Councilor Thompson to table this resolution until the first Council meeting in February, 1999. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Councilors Johnston, Thompson, Altman, and Beaty Nays: Mayor Yeager, Councilors Shine and Burns City Council recessed at 12:30 p.m. and reconvened at 1:15 p.m. Item 11 A joint meeting was held with the Wichita County Commissioners Court. Current and possible future interlocal agreements were discussed for areas such as vehicle maintenance, heavy equipment, communications, polling locations, emergency management, jail agreement, purchasing, tax collection, etc. Air quality, water, MPEC coliseum, annexation, etc. were other issues which were brought up. No action was taken. 370 City Council recessed at 2:30 p.m. and reconvened at 2:45 p.m. Item 12a Councilor Beaty expressed appreciation to Mr. Bonnett and his staff for a very timely response to a sewer problem. Councilor Thompson was pleased that the two football teams had been recognized for their efforts. He expressed appreciation to the Council for providing that encouragement to them. Councilor Thompson said we had a chance to hear from both sides on the library issue and he thought that it was good to have public discussion. He hoped that we would all try to come together on common ground and realize that regardless of what our positions might be that we are citizens of the same City. Item 12b There were no Staff reports. The City Council adjourned at 2:48 p.m. PASSED AND APPROVED this day of�)"460 1999. � (J KATFPYN A. Y AGER MAYOR ATTEST: �1 Q WbL, Lydia Torres City Clerk Regular meeting of the Mayor and City Council of the City of Wichita Falls, Texas to be held in the City Council Chambers of the Memorial Auditorium on Tuesday, January 5, 1999 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: Rev. Les McGalliard Faith Village Church of Christ 3. Presentations: Employee of the Month 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. Award of Bids: a. Purchase Of Two (2) Each 52" Ride On Mowers, Through The State Of Texas Cooperative Purchasing Program, From The Grasshopper Company, In The Amount Of $15,256.00. b. Award Of Bid For The Purchase Of Two (2) Each Police Motorcycles To Kawasaki City In The Amount Of $17,052.00. 6. Award of Bids (cont'd): City Council Agenda Tuesday, January 5, 1999 Page 2 c. Award Of Bid For The City's Annual Requirement Of Belt Press Polymer For Wastewater To Ciba Specialty Chemicals In The Amount Of $47,762.32. Award Of Bid For Water Treatment To Central Garden & Pet Company In The Amount Of $3,583.06. Reject Bid From Cytec Industries For Belt Thickener. d. Award To Bid For Two (2) Each Single Engine Mechanical Street Sweepers To STM Equipment, Inc. In The Amount Of $233,146.00. 7. Change Orders and Payment Approvals: a. Resolution To Approve Change Order No. 3 And Accept The Painting Of Puckett Tower And Cypress '87 Clarifier Project. (City Council Bill #1) 8. Receive Minutes: a. (4A) Economic Development Corp. - August 4, 1998 b. Wichita Falls-Wichita County Public Health Board - October 23, 1998 REGULAR AGENDA 9. Ordinances: a. Ordinance Designating The Elks Home, The Central YMCA, And The Kemp/Kell Depot As Wichita Falls Landmarks. (City Council Bill #2) b. Ordinance Rezoning 24.25 Acres Out Of Block 1, Kemp And Newby Subdivision Of The Cherokee County School Lands From Single Family-2 To Conditioned General Commercial Zoning. (City Council Bill #3) c. Ordinance To Amend The Vitek Planned Unit Development District Regulations To Add "Radio And Television Transmitting Towers" As A Permitted Use. (City Council Bill #4) 9. Ordinances (cont'd): City Council Agenda Tuesday, January 5, 1999 Page 3 d. Ordinance Waiving The Subdivision Ordinance Limitations On The Length Of A Cul-De-Sac To Allow A Street Length Of More Than 300 Feet. (City Council Bill #5) e. Ordinance Closing, Vacating, And Abandoning The South 200 Feet Of A North-South Alley In Block 8, Sibley Taylor Addition, And Retaining A Utility And Drainage Easement. (City Council Bill #6) f. Ordinance Repealing Ordinance No. 10-98 To Rescind Approval Of Funding From 4A Sales Tax Revenues In The Amount Of $400,000 To APAC Teleservices And Approve An Amendment To The FY 1998-99 Budget For The Wichita Falls Economic Development Corporation Accordingly (City Council Bill #7) 10. Resolutions: a. Resolution Authorizing The Sale Of A Portion Of The Abandoned Railroad Right-Of-Way In The 1600 Block Of Fairfax Avenue To An Adjacent Property Owner And Authorizing The Mayor To Execute The Quit Claim Deed. (City Council Bill #8) b. Resolution Authorizing The City Manager To Apply For Tenth Year Funding Of The North Texas Regional Drug Task Force. (City Council Bill #9) c. Resolution Establishing A Parental Access Area In The Wichita Falls Public Library. (City Council Bill #10) 11 . Joint Meeting With Wichita County Commissioners Court 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, ramp and elevator located off the east parking lot on Sixth Street entrance. Spanish language interpreters, City Council Agenda Tuesday, January 5, 1999 Page 4 deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 19 at o'clock (a.m.)(p.m.) City Clerk