Min 03/02/1999 400
Wichita Falls, Texas
Memorial Auditorium Building
March 2, 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 Rev. Paul Kuykendall, Evangel Temple.
Item 3
Mr. Earl Foster, Captain, Fire Department, was recognized as Employee of the Month
for the month of March. Mayor presented Mr. Foster with a plaque, a City pin, dinners for two,
transit passes, and a check.
Mayor proclaimed the month of March, 1999 as "Professional Social Work Month" in
Wichita Falls.
Mayor proclaimed the month of March, 1999 as "Adult Literacy Month" in Wichita Falls.
Item 4
Carlson Stewart, 203 E. Scott, owner of Big Daddy's Wrecker Service, provided
handouts to the Council and presented reasons to Council why the wrecker service bid should
be awarded to Big Daddy's. He stated that he complied with all the bidding requirements and
wants to provide this service to the citizens, and requested that he be awarded the bid.
Mayor stated that this will probably be back on the Council agenda at the next meeting.
Item 5
The Minutes were approved as distributed.
City Manager gave a briefing on the items listed under the Consent Agenda.
401
Items 6a-9g
Moved by Councilor Johnston that the consent agenda be approved.
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. 17-99
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE NORTH CENTRAL TEXAS OFFICIALS
ASSOCIATION; DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Item 7a
Bid was awarded to Maxwell Auto Group for the purchase of two (2) each 1'/2 ton cab &
chassis in the amount of$54,152.00.
Item 7b
Bid was awarded to Bruckner's Mack Sales for the purchase of three (3) each 50,000
GVW cab & chassis in the amount of$197,028.57.
Item 8a
RESOLUTION NO. 18-99
RESOLUTION TO ACCEPT THE 3RD STREET RECONSTRUCTION (CDBG)
PROJECT AND AUTHORIZE FINAL PAYMENT TO BOBBIE D. HAYNES
CONSTRUCTION; DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Item 9a-9g
Minutes of the following Boards and Commissions were received.
a. Library Advisory Board, January 26, 1999
b. Library Advisory Board, February 9, 1999
c. Landmark Commission, September 24, 1998
d. Landmark Commission, November 2, 1998
e. Landmark Commission, November 12, 1998
f. Commission on Human Needs, February 15, 1999
g. Planning & Zoning Commission, February 10, 1999
Item 10a
ORDINANCE NO. 14-99
ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND
FOR ADDITIONAL GRANT REVENUE RECEIVED FROM TEXAS
DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT ACCEPTING SAME; 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. 14-99 be passed.
402
Item 10a continued
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 10b
ORDINANCE NO. 15-99
ORDINANCE AMENDING CHAPTER 15%, FLOOD DAMAGE PREVENTION,
TO REQUIRE A FINISHED FLOOR ELEVATION OF ONE FOOT ABOVE THE
BASE FLOOD ELEVATION; 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. 15-99 be passed.
Motion seconded by Councilor Shine.
Mr. David Clark stated that this was in response to a more prudent look at flood
regulations in the community. The proposal is to change the elevation of new construction to a
minimum of one foot above the base flood elevation as opposed to above base flood elevation.
That will help the community long term to reduce the amount and frequency of flood damage.
He added that this ordinance would apply to future construction or to construction with
substantial changes, not to existing construction.
Mr. Clark noted that a correction was needed in the proposed ordinance Section 2. The
phrase "base flood level" needs to be changed to "base flood elevation".
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 10c
A proposed ordinance was presented authorizing a waiver to certain provisions
of the Code of Ordinances, Chapter 5, Animals and Fowl, Article VI, Section 5-48,
Keeping of Swine at 6310 Lake Road.
Moved by Councilor Burns that proposed ordinance be passed.
Motion seconded by Councilor Beaty.
Mrs. Barbara Clements gave a review on the history of the Swine Ordinance beginning
with1941. Mrs. Clements provided background on requirements in keeping Vietnamese pot
belly pigs in Wichita Falls. She gave references on weight requirements from various cities
and mentioned that some cities require registered papers that a pedigree exists in lieu of
weight requirements. Mrs. Clements informed on vaccination requirements in other cities and
the diseases harbored by pot belly pigs. Several other issues relating to pot belly pigs were
addressed by Mrs. Clements.
Mrs. Clements stated that there were certain areas in the Swine Ordinance with which
Mrs. Crawford was not in compliance. Mr. Roy Ressell explained that Animal Control
responded to a complaint from a concerned citizen that Mrs. Crawford had a large pig that
weighed approximately 400 pounds, and the complaint was also in reference to dogs barking.
When we found the pig, we gave her a written warning to remove the pig from the City to
403
Item 10c continued
comply with the existing Animal Ordinance. He added that the pig was not permitted or
vaccinated.
Christine Crawford, 6310 Old Lake Road, stated that she did not know the pig required
a permit and she was given one week to comply with the Ordinance. She has checked with all
her neighbors and they stated that the pig is not a threat to them or a concern to them.
Mrs. Crawford provided book and breeder references and resource information as to
the definition of a Vietnamese Pot Belly Pig, including weight. She has papers from the
breeder that her pig is a Vietnamese Pot Belly Pig and is from registered stock. She added
that the size of the pig is due to genetics. Mrs. Crawford requested that Council allow her to
keep her pet. She stated that she pays taxes on the feed, therefore, the pig is considered a pet
not a farm animal.
Council discussed the issue. It was noted that a place could probably be found for this
pig outside the City and it would then be exempt from City Ordinance. Mrs. Clements informed
that the responses from two other cities reflected a 60 pound weight restriction on pot belly
pigs.
Motion failed by the following vote.
Ayes: None
Nays: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Item 11a
RESOLUTION NO. 19-99
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING THE ASSIGNMENT OF THE NON-ANNEXATION
CONTRACT WITH GENERAL MOTORS CORPORATION TO DELPHI
AUTOMOTIVE SYSTEMS, L.L.C.; FINDING AND 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. 19-99 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 11 b
RESOLUTION NO. 20-99
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, DECLARING THE CITY OF WICHITA FALLS' ELIGIBILITY AND
INTENTION TO PARTICIPATE IN THE TEXAS TAX ABATEMENT PROGRAM
TO PROMOTE DEVELOPMENT/REDEVELOPMENT; FINDING AND
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. 20-99 be passed.
Motion seconded by Councilor Beaty and carried by the following vote.
404
Item 11 b continued
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
Item 11 c
RESOLUTION NO. 21-99
RESOLUTION TO AWARD BID FOR THE EAST INWOOD DRAINAGE &
SEWER RELOCATION/JACQUELINE MANHOLE STABILIZATION PROJECT;
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. 21-99 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 11 d
RESOLUTION NO. 22-99
RESOLUTION TO AWARD BID FOR THE PHASE I SIXTH STREET TRUNK
MAIN PROJECT; 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. 22-99 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 12a
Moved by Councilor Johnston to award the bid to Roll-Offs of America in the amount of
$23,140.00 for the purchase of front loading containers.
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
Councilor Thompson expressed appreciation to Mr. George Bonnett for moving the
tracks on Fourteenth and Fifteenth Streets and for smoothing that area.
405
Item 13a continued
Councilor Thompson asked that the area on Ft. Worth Street behind the old motel be
checked for code violations. Also, that the metal shop on Stesco Street, off East Scott, be
checked for possible code violation.
Councilor Thompson expressed appreciation to Sheppard Air Force Base for the trip to
Lackland and Randolph Air Bases. It was an opportunity to see what our military is about and
it caused us to appreciate the role that Sheppard Air Force Base plays. It was also a good time
to commensurate with Councilors Shine and Burns.
Councilor Shine echoed Councilor Thompson's sentiments about the trip and thanked
Sheppard Air Force Base for allowing them to be a part of that trip.
Councilor Shine stated that the tracks behind the businesses, Times Records News
and Nunn Electric, need to be removed.
Councilor Shine said that he has enjoyed working on the flood control committee and is
hopeful that next time they can present some projects, and probably Mr. Bonnett's staff can
prepare criteria that would be suitable for selecting projects and give creditability to the
prioritization.
Councilor Beaty asked if the sirens had been tested on Monday. Mr. Parker informed
that they are tested silently every Monday, and everything is in order. Emergency
Management conducts the sound test.
Councilor Burns stated that they had a great trip visiting the military bases, and they
learned a lot. He expressed appreciation to General Bergren and Sheppard Air Force Base
staff for that opportunity. It was a very rigorous two day schedule, but very enjoyable.
Councilor Altman complimented the Times Record News for the article on Councilor
Thompson.
Councilor Altman expressed concern in regard to the term limits in the City Charter. He
felt that we did not need term limits because the electorate is the ultimate determiner. Also,
term limits eliminate good people who would bring a wealth of experience and value to City
Council. In addition, term limits restrict Council members from being able to serve as officers
in Texas Municipal League and National League of Cities because the time constraint does not
allow for someone to progress up the ranks. He suggested this be looked at. I would like to
push for the elimination of term limits in the position of Mayor and City Council position or enter
into a debate on proposing a change in our City Charter.
Mayor gave an update on the Charter Review and informed that the commission is in
the final process of reviewing the proposed changes that will be submitted to Council. It will
not be possible for the commission to complete its work and submit the proposals to the City
Council in time for this to be placed on the May ballot. Recommendations will be submitted to
the Council at the last Council meeting in April. The Commission suggests that they meet with
the Council at several joint worksessions to discuss the proposed changes. Mayor commented
that Councilor Altman's term limit proposal was not included in the Charter review, but Council
can make whatever suggestions in addition to what the Charter Review Commission has.
Mayor expressed regret in the closing of Levi Strauss, which has been a long time
industrial member of this community and involved in this community for many years.
Mayor informed that the Midwestern State University men's basketball team won the
playoffs in their conference and are ranked the number one team in this region. Thursday
night Midwestern State University will host the Regional NCAA Division 2 Basketball
Tournament at D.L. Ligon Coliseum. It is an opportunity for our community to support
Midwestern State University and to welcome the 125 participants and fans to our City. She
urged everyone to come out and support Midwestern State University.
Item 13b
Mr. George Bonnett announced that yardwaste collection would resume March 3, 1999.
Mr. Robert Parker presented an update on the Overpass Project.
406
Item 13c
The City Council went into Executive Session at 10:45 a.m. as authorized by Section
551.074 of the Government Code, and reconvened at 11:04 a.m.
Item 13d
Moved by Councilor Thompson that Mr. Harold White, Sr. be appointed to the MPEC
Board with term to expire in the year 2002. Mr. White will replace Mr. Curtis Smith who
resigned.
Motion seconded by Councilor Johnston and carried by the following vote.
Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and
Beaty
Nays: None
The City Council adjourned at 11:06 a.m.
PASSED AND APPROVED this 16`h of March , 1999.
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KAT RYN A. Y GE
MAYOR
ATTEST:
Lydia Torres
City Clerk
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Regular meeting of the Mayor and City Council of the City of Wichita
Falls, Texas to be held in the City Council Chambers of the Memorial
Auditorium on Tuesday, March 2, 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: The Reverend Jack Dial
Evangel Temple
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. Resolutions:
a. Resolution Authorizing The City Manager To Execute A
Contract With The North Central Texas Officials Association.
(City Council Bill #35)
7. Award of Bids:
a. Award Of Bid For The Purchase Of Two (2) Each 1 '/ Ton
Cab & Chassis To Maxwell Auto Group, In The Amount Of
$54,152.00.
7. Award of Bids (cont'd):
City Council Agenda
Tuesday, March 2 1999
Page 2
b. Award Of Bid For The Purchase Of Three (3) Each 50,000
GVW Cab & Chassis To Bruckner's Mack Sales, In The
Amount Of $197,028.57.
8. Change Orders and Payment Approvals:
a. Resolution To Accept The 3rd Street Reconstruction (CDBG)
Project. (City Council Bill #36)
9. Receive Minutes:
a. Library Advisory Board - January 26, 1999
b. Library Advisory Board - February 9, 1999
c. Landmark Commission - September 24, 1998
d. Landmark Commission - November 2, 1998
e. Landmark Commission - November 12, 1998
f. Commission on Human Needs - February 15, 1999
g. Planning & Zoning Commission - February 10, 1999
REGULAR AGENDA
10. Ordinances:
a. Ordinance Making Appropriation To The Special Revenue
Fund For Additional Grant Revenue Received From The
Texas Department Of Health And Authorizing The City
Manager To Execute Contract Accepting Same. (City
Council Bill #37)
b. Ordinance Amending Chapter 15'/2, Flood Damage
Prevention, Of The Code Of Ordinances Regarding The
Finished Floor Elevation When Constructing In The
Floodplain. (City Council Bill #38)
11 . Resolutions:
a. Resolution Approving The Assignment Of The Non-
Annexation Contract With General Motors Corporation To
Delphi Automotive Systems, L.L.C. (City Council Bill #39)
City Council Agenda
Tuesday, March 2 1999
Page 3
11 . Resolutions (cont'd):
b. Resolution Declaring The City Of Wichita Falls' Eligibility And
Intention To Participate In The Texas Tax Abatement
Program To Promote Development/Redevelopment. (City
Council Bill #40)
c. Resolution To Award Bid For The East Inwood Drainage &
Sewer Relocation/Jacqueline Manhole Stabilization Project.
(City Council Bill #41)
d. Resolution To Award Bid For The Phase I Sixth Street Trunk
Main Project. (City Council Bill #42)
12. Award of Bids:
a. Award Of Bid To Roll-Offs Of America For The Purchase Of
Front Loading Containers In The Amount Of $23,140.00.
13. Other Council Matters:
a. Discussion of items of concern to members of the City
Council.
b. Staff/Council discussion.
c. Executive Session:
(1) Consider Qualifications Of Possible Appointees To the
MPEC Board As Authorized By Section 551 .074 Of
The Texas Government Code.
d. Appointments To The MPEC Board
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
City Council Agenda
Tuesday, March 2 1999
Page 4
ADDENDUM
REGULAR AGENDA
10. Ordinances:
c. Ordinance Authorizing a Waiver To Certain Provisions Of
The Code of Ordinances, Chapter 5, Animals and Fowl,
Article VI, Section 5-48, Keeping of Swine at 6310 Lake
Road (City Council Bill #43).
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 OF ADDENDUM
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