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Min 04/06/1999 420 Wichita Falls, Texas Memorial Auditorium Building April 6, 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 Pastor Richard Cook, Central Christian Church. Item 3 Mr. James Smith, Transit Operator, Personnel/Transit Pool, was recognized as Employee of the Month for the month of April. Mayor presented Mr. Smith with a plaque, a City pin, dinners for two, transit passes, and a check. Mayor, on behalf of the Council and the City, recognized Mrs. Marilyn Darnell who donated a sculpture of a young girl reading a book. The sculpture, situated in Bridwell Park, was donated in memory of Mrs. Sadie H. Pruett, Mrs. Darnell's mother, who lived in the Bridwell Park area. Mr. Jack Stevens was the sculptor and was also present at this morning's recognition. Mayor presented Mrs. Darnell with a framed picture of the sculpture. Mrs. Darnell was also recognized by the Arts Council as an avid supporter of the arts. Mayor proclaimed April as "Month of the Young Child" in Wichita Falls. A group of young children and representatives from various kinds of day care were present and sang several songs. Mayor on behalf of the Council and the City, recognized the Lady Hirschi Huskies 1998- 1999 Basketball Team and Coach Leta Davis, and commended them for their athletic accomplishments in winning the District 7 - 4A Championship and advancing to the area finals. A proclamation was read in recognition of the Lady Huskies and Coach Davis, and City pins were presented to the Coach and each team member. Mayor, on behalf of the Council and the City, recognized the Wichita Falls High School Coyote Men's 1998-1999 Basketball Team and Coach Larry Menefee and commended them for winning the Bi-District 7 - 4A Championship and advancing to the area playoffs. A proclamation was read in recognition of the Coyote Men's Basketball Team and Coach Menefee, and City pins were presented to the Coach and each team member. Falls. Mayor proclaimed the week of April 11-17, 1999 as "National Library Week" in Wichita Mayor proclaimed the month of April, 1999 as "Child Abuse Prevention Month" in Wichita Falls. 421 Item 3 continued Mayor recognized Dr. Elia C. Dimitri as the recipient of the Patsy Baggett Children's Service Award. This award is in recognition of outstanding service in the prevention of child abuse. Dr. Dimitri received the award and stated that this morning some of his favorite things had already been recognized such as children, music, athletics, and medicine. He expressed appreciation to Child Protective Services and all the individuals and agencies who strive to care for and protect children. He felt very honored to be associated with an award named after Patsy Baggett who has given so much to this community for so many years. He thanked the pediatric mentors and physicians in Wichita Falls and in Texas who care for children. Dr. Dimitri mentioned others who have been instrumental in interacting with the community in this area. He expressed appreciation to his children, his wife, and his parents for allowing him the opportunities and freedoms available in the United States. Mayor proclaimed April 19-25, 1999 as "Sexual Assault Awareness Week" in Wichita Falls. Mayor proclaimed April, 1999 as "Savings Month" in Wichita Falls and urged everyone to instill fiscal responsibility in our children. Mayor proclaimed April 4-10, 1999 as "International Building Safety Week" in Wichita Falls. Mayor Proclaimed April 4-10, 1999 as "Community Development Week" in Wichita Falls, and urged the citizens to join in recognizing the Community Block Grant Program and the important role it plays in our community. Mayor proclaimed April 5-9, 1999 as "Faith Mission Week" in Wichita Falls. Mayor proclaimed April 6, 1999 as "King of the Hill and Bobby Fall Hard for Wichita Falls Day" in Wichita Falls. This segment of"King of the Hill" will air on Fox 18 tonight at 7 p.m. Item 4 Virgil Green, 1908 Wilson, stated that there was an oversight on the part of the Appraisal District in regards to a penalty assessed on his property. This oversight occurred in the Appraiser's Office and there are seventeen other similar cases. Due to changes in the law neither the Appraisal District nor the Tax Assessor can handle this, he has to obtain a relief statement has from each of the entities on which the tax is imposed, and he is requesting the City Council to relieve him of these penalties. Mayor informed Mr. Green that the City Attorney and the Finance Director will look into this. City Attorney commented that if there are more cases, it would be appropriate for the Tax Assessor Collector to provide a list of those properties affected, and Staff can prepare a resolution for Council consideration. Larry Brumbelow, 5127 Deer Creek, announced the intent to initiate a benefit day of entertainment to aid the Kosovo refugees. A cooperative effort is being started to help these refugees and the target will be the Red Cross who will be receiving all contributions. We intend to use a City facility for this benefit, such as Lucy Park, and it will be a family oriented, non alcohol and apolitical event. We are requesting that the City waive the fees for the City facility as their contribution. A tentative date for the event is April 24. City Manager informed that we do not normally waive the fees unless the City is a co- sponsor, but that is a Council decision. City Manager was directed to place it on the next , Council agenda. Bill Presson, #5 Summit Circle, County Commissioner Precinct 4, requested that Council consider waiver of sidewalk requirement at County Boot Camp located at the corner of Calhoun and Jefferson Streets(FM 171). Dwain Welch, 704 Fillmore, complained that his neighbor was harboring eight hybrid wolves that had destroyed his fence and killed some of his expensive Koi fish. He also expressed a safety concern, and asked that this be looked into and corrected. 422 Item 4 continued Richard Rigdon, 704 Fillmore, stated that these wolves were a nuisance and are very scary, and also the odor is unbearable. He said that the Police Department refuses to help them with this and his next step is an attorney. City Manager commented that the Health Department is looking into this and one of the problems stems from the fact that the law on hybrid wolves is difficult to determine or enforce what that is. We are looking into this and Mr. Welch and Mr. Rigdon's concern, and the concern that we may have had an officer attacked, and if that is the case, we are going to prosecute that to the fullest as well. In that process we will find out the nature of this problem and to the best of our ability we will take care of it. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-8f Mayor requested that Item 6a and 6c be brought down to the Regular Agenda. Councilor Altman requested that Item 6b be brought down to the Regular Agenda. Moved by Councilor Altman that the consent agenda be approved with the exception of Items 6a, 6b and 6c. 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 7a Bid was awarded to Goldthwaite's of Texas, Inc. in the amount of $30,831.00 for the purchase of three (3) each 72" riding mowers. Item 7b Bid was awarded to Applewhite's Towing Equipment, Inc. in the amount of$23,706.61 for the purchase of one (1) each wrecker body. Items 8a-8f Minutes for the following Boards and Commissions were received. a. Park Board, January 28, 1999. b. Board of Electrical Examiners, February 11, 1999. c. Helen Farabee Regional MHMR Center, February 25, 1999. d. Landmark Commission, March 4, 1999. e. Planning & Zoning Commission, March 10, 1999. f. Landmark Commission, February 4, 1999. 423 Item 6a RESOLUTION NO. 27-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GRANTING AN AERIAL EASEMENT TO UNITED REGIONAL HEALTH CARE SYSTEM FOR INSTALLATION OF COMMUNICATION/DATA CABLE ACROSS AN ALLEY ON EIGHTH STREET; 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. 27-99 be passed. Motion seconded by Councilor Johnston. Mayor wanted to know what would happen to that easement if United Regional no longer uses it. City Attorney replied that it would remain in affect until they returned it to the City. Mayor asked if abandonment language would be appropriate? City Attorney agreed that it would be. Councilor Altman suggested including indemnity language in the document in the event of any damage during the construction. City Attorney agreed. Moved by Councilor Altman that the resolution be amended to include abandonment language and indemnity language with regard to any damage during construction and maintenance. 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 original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 6b RESOLUTION NO. 28-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH STERLING GARRETT'ACROSS 0.021 ACRES OUT OF J. A. SCOTT SURVEY NO. 6, ABSTRACT 636, ARCHER COUNTY, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor informed that a substitute resolution had been submitted correcting Archer City to Archer County. Moved by Councilor Thompson that Resolution No. 28-99 be passed as corrected. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 424 Item 6c RESOLUTION NO. 29-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA COUNTY TO USE THEIR PUNCH CARD VOTING SYSTEM; 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. 29-99 be passed. Motion seconded by Councilor Altman. City Clerk answered questions to Council concerns regarding the changes in the proposed agreement. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 9a A public hearing was held to receive comments on hazardous structures. Mayor declared the public hearing open. Mr. Jim King provided information on the Code Enforcement procedure leading up to this public hearing. There are four items on the agenda for consideration. Notices have been sent to all owners of record advising them of the Hazardous Structures Ordinance, and as of to date the owners have failed or refused to take any corrective action. This hearing will be to determine what circumstances involved the property owners not taking corrective action. We are recommending these buildings for demolition. Re: 3560 Wellington Lane Michael Johnston, Attorney representing Columbia Lloyds Insurance Company, 307 W. 7`n Suite 825, Ft. Worth, informed that Columbia Lloyds Insurance Company insured this structure which was damaged by fire. At the time of the fire the property had a mortgage on it issued by the Electra State Bank, who was paid the outstanding balance of the mortgage. In return Columbia Lloyds Insurance Company received an assignment of that mortgage and is the current holder of that mortgage. Columbia Lloyds Insurance Company has been attempting to negotiate with the person who owes the money, Mr. Cecil Bowden of Electra. He assured us that he would purchase the note and refurbish the property, however, it was determined that he did not have the funds to do that. Mr. and Mrs. Villareal are neighbors to this property and are interested in renovating the structure, but they are not the owners. Mr. Villareal has found a financier who is willing to purchase the note from Columbia Lloyds Insurance Company, foreclose on the property, and then sell it to the Villareals for them to renovate. That person is Mr. Tom Mills. Once Mr. Mills purchases the note there will have to be a foreclosure process, and there are some time periods involved. We anticipate this process to take about 60-90 days, therefore, we are requesting a 90 day extension in order to allow this process to go forward and allow the Villareals an opportunity to own and renovate the property, and save the City the cost of demolition. Mr. King mentioned a similar situation in which the Villareals were involved regarding the removal of a burned structure next door to this property and were given several extensions. Mayor asked if this structure was repairable. Mr. King replied that repair costs would exceed 50% or more of the value of this building. The expense would be considerably larger than what we normally recommend and that is 50% of the current appraised value of the property. 425 Item 9a continued Council suggested 120 days in order to allow for the foreclosure procedure and for Mr. Villareal to obtain a building permit. Mr. King informed that once title is transferred to the new owner, he will need to present plans and specifications to him and obtain a building permit which is valid for six months. If no repairs are done and the permit is canceled demolition will take place, but if repairs are evident and work in progress is satisfactory the permit will become valid for twelve months. Councilor Altman wanted to make sure that Mr. and Mrs. Villareal understood that if the 120 day extension is granted, within that time period they will have to obtain a building permit which would necessitate title to the property prior to obtaining the permit. They need to be aware that if they do not obtain the permit within the 120 days we are likely not to grant future extensions. Re: 515 Stesco Lonnie Morrison, 807 81h St., Attorney representing Capital Ventures, owners of the property located at 515 Stesco, informed that the property had extensive fire damage, but it will be repaired. There are negotiations for reconstruction and we are asking for a ninety day extension to begin the reconstruction process. If the current negotiations do not result in action within the ninety day period, then we will demolish. Mr. Morrison clarified that the structure had been used as a welding company, and the question is if the office complex and the front portion of the building will be totally demolished and replaced or whether it will be demolished and the remaining building be contracted somewhat to minimize that damage and put a new front on it. One way or the other it will be done. Mayor mentioned a citizen complaint regarding loose sheet metal on that building and suggested securing the building. Mr. King added that there were air borne emissions that come out of the building as well as odor problems, it is cosmetic as well as other environmental concerns. It is a major effort to secure that building, and we were told since last April that something would be done. Mr. King added that this structure was scheduled for public hearing in February but Code Enforcement was asked to remove it from the agenda with a promise of corrective action within ninety-days. Council consensus was that Capital Ventures secure the building within thirty days so that it is not a safety and health hazard to the adjacent properties and if that is not done within those thirty days it will be demolished. Within sixty days after the first thirty days, they are to proceed with the normal rehabilitation or demolish it. Mr. King suggested that there will be a certain amount of demolition that is going to be required in the securing of this building, but there are some parts of this building that cannot be secured due to the nature of the fire. Mr. King requested that Capital Ventures apply for a partial and safeing demolition permit within these thirty days. That permit at the end of thirty days is voided. Mayor called for additional public comments. There being none the Mayor declared the Public Hearing closed. Item 9b A public hearing was held to receive comments on amendments to the proposed use of Community Development Block Grant (CDBG) funds and HOME Program funds in a previously approved Consolidated Plan. Mayor declared the public hearing open. Mr. Clark explained that there are funds available for re-allocation from several sources and we propose that they be re-authorized for two major storm water drainage projects - Camp Fire/Salvation Army Storm Water Drainage Project and Hillcrest Storm Water Drainage Project, for Code Enforcement and Building Inspection computer upgrade, and for Spudder and Jalonick Park playground project cost overruns. The Storm Water Detention Sub-Committee will make a presentation at the next Council meeting on project selection criteria and related information. 426 Item 9b continued Mr. Clark informed that Council has stop gaps before spending money on a specific project such as storm water drainage projects. This public hearing does not compromise your choices, it facilitates the process. Councilor Altman explained the process used in selecting these two projects for CDBG funds. Mayor called for additional public comments. There being none Mayor declared the public hearing closed. Item 9c A public hearing was held to receive comments on an amendment to increase the number of vehicles authorized to the Special Service Franchise granted to Terry L. Baker, d.b.a. Prime Time Limousine. Mayor declared the public hearing open. Mr. Robert Powers informed that a request had been received from Mr. Terry Baker franchise holder of Prime Time Limo for two additional permits. He currently has one permit authorized. The Taxi Oversight Committee met along with all special service vehicle franchise holders and none voiced opposition to Mr. Baker's request. Mr. Baker is unable to be here today, and his reason for this request is to use one vehicle as a backup and for reliability, and the third vehicle would be contingent upon his business. Mayor called for additional public comment. There being none, Mayor declared the public hearing closed. Item 10a ORDINANCE NO. 23-99 ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; 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. 23-99 be passed with the allowed extension of time as set out in Item 9a above. Motion seconded by Councilor Thompson. Moved by Councilor Burns to amend this ordinance to allow 120 days to effectively transfer ownership of the property located at 3560 Wellington Lane and give the owners time to acquire the appropriate permit to rehabilitate that structure. Also, that Capital Ventures, Inc. be allowed a total of ninety days to obtain a safeing and demolition permit that would be effective for 30 days and to allow an additional 60 days to make substantial strides towards plans to rehab or to demolish this building. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Original motion as amended carried by the following vote. 427 Item 10a continued Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10b ORDINANCE NO. 24-99 ORDINANCE AUTHORIZING AN AMENDMENT TO THE SPECIAL SERVICE FRANCHISE GRANTED TO TERRY L. BAKER, DBA, PRIME TIME LIMOUSINE TO INCREASE THE NUMBER OF VEHICLES AUTHORIZED; 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. 24-99 be passed. 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 10c ORDINANCE NO. 25-99 - ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES, w, VEHICLES FOR HIRE, SECTION 31-27, DEFINITIONS, AND SECTION 31- 51(B), PASSENGER LIMITATIONS; 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. 25-99 be passed. Motion seconded by Councilor Thompson. Moved by Councilor Altman to amend the ordinance by adding the following wording at the end of Section 1: "to reduce the number of seats to accommodate not more than eight occupants". That sentence in its entirety will read as follows: "The vehicle shall have a manufacturer's rated passenger capacity of eight or less, or in the event that the manufacturer's rating is greater than eight, then sufficient seats must have been permanently removed from the vehicle to reduce the number of seats and to accommodate not more than eight occupants." Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None M The original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 428 Item 10d ORDINANCE NO. 26-99 ORDINANCE REZONING LOTS 7-A, 7-13, 7-C & 7-D, BLOCK 1, LAKE WELLINGTON ESTATES PHASE ONE, KNOWN AS 5500, 5502, 5504, & 5506 COVENTRY CIRCLE, FROM GENERAL COMMERCIAL TO SINGLE FAMILY-2 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. 26-99 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 10e ORDINANCE NO. 27-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 18, ARTICLE IV OF THE CODE OF ORDINANCES, REGULATING WEEDS, RUBBISH AND UNSANITARY MATTER AT SECTIONS 18-46 THROUGH 18-48; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; FINDING AND 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. 27-99 be passed. 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 10f ORDINANCE NO. 28-99 ORDINANCE MAKING AN APPROPRIATION IN THE AIRPORT FUND IN THE AMOUNT OF $15,535 TO COMPLETE THE KICKAPOO AIRPARK FEASIBILITY STUDY; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Ordinance No. 28-99 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 429 Item 10 ORDINANCE NO. 29-99 ORDINANCE APPROPRIATING FUNDS RECEIVED FROM THE FEDERAL AVIATION ADMINISTRATION; 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. 29-99 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 10h ORDINANCE NO. 30-99 ORDINANCE WAIVING SECTION 5-59 OF THE CODE OF ORDINANCES WHICH PROHIBITS GIVING ANIMALS AS PRIZES OR INDUCEMENTS; 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. 30-99 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 10i ORDINANCE NO. 31-99 ORDINANCE MAKING AN APPROPRIATION FROM WATER/SEWER FUND EQUITY FOR PUMP CONTROL VALVE SYSTEMS AT THE ARROWHEAD RAW WATER PUMP STATION; 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. 31-99 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 430 Item 10i ORDINANCE NO. 32-99 AN ORDINANCE WAIVING SEC. 22-1(A)(2) OF THE CODE OF ORDINANCES TO PERMIT MAINTENANCE VEHICLES ON THE GRASS AND EXTENDED RESERVATION PRIVILEGE FOR SPUDDER AND WILLIAMS PARKS BALLFIELDS TO THE TEX-MEX BASEBALL ASSOCIATION; 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. 32-99 be passed. 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 11a RESOLUTION NO. 30-99 RESOLUTION APPROVING CHANGES TO THE FIRST-TIME HOMEBUYERS PROGRAM FUNDED WITH HOME DOLLARS IN THE ACTION PLAN OF THE CONSOLIDATED PLAN; 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. 30-99 be passed. 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 11 b RESOLUTION NO. 31-99 RESOLUTION APPROVING THE AMENDMENT OF THE PROPOSED USE OF FUNDS IN THE ACTION PLAN OF THE CONSOLIDATED PLAN FOR THE PERIOD OF OCTOBER 1, 1998 TO SEPTEMBER 30, 1999; 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. 31-99 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 431 Item 11 c RESOLUTION NO. 32-99 RESOLUTION ESTABLISHING THE ANNUAL RENTAL RATE FOR 142 LEASE LOTS AT LAKE KICKAPOO, CURRENTLY UNDER A $385.00 LEASE AGREEMENT ESTABLISHED ON MAY 17, 1994, FOR A FIVE YEAR PERIOD BEGINNING ON OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2004; 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. 32-99 be passed. Motion seconded by Councilor Thompson. Mr. David Clark informed that the proposal is to facilitate a change to these leases, bringing them up from $385 to $462. There are 142 lots that are under new generation leases at this time. Councilor Burns asked if there are lots available to be leased at Lake Kickapoo? City Manager replied that we had not been re-leasing any lots. Mr. Clark stated that there are leases available for transfer. There are 263 leases at Lake Kickapoo and 221 properties have been leased and 42 never leased, and there are 440 leased at Lake Arrowhead with 10 never have been leased. A look beyond the life of the current leases at the lakes is becoming more pertinent and this will have an increasing effect on the financing of the sale of structures and subsequent lease transfers. Councilor Shine asked if the lease holders had been notified. Mr. Glen Eickman, Lake Lot Coordinator, informed that the requirement in the lease is that we notify them after we have set the rates, but this information was run on the City Channel and in the newspaper advertisement that was published. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 d RESOLUTION NO. 33-99 RESOLUTION APPROVING CONTRACT WITH THE FIRM OF CORLETT, PROBST & BOYD, INC./CAMP, DRESSER & McKEE FOR ENGINEERING SERVICES CONTRACT FOR THE JASPER PRELIMINARY ENGINEERING REPORT; 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. 33-99 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 432 Item 11 e RESOLUTION NO. 34-99 RESOLUTION APPROVING CONTRACT WITH THE FIRM OF BIGGS & MATHEWS, INC./CH2M HILL FOR ENGINEERING SERVICES CONTRACT FOR THE CYPRESS PRELIMINARY ENGINEERING REPORT; 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. 34-99 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 11f RESOLUTION NO. 35-99 RESOLUTION AUTHORIZING THE EXECUTION OF THE STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT AND APPROPRIATING FUNDS FROM GENERAL FUND EQUITY FOR THE CITY'S COST SHARE AMOUNT OF THE AGREEMENT; 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. 35-99 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 11g RESOLUTION NO. 36-99 RESOLUTION GRANTING PERMISSION TO THE UNIVERSITY KIWANIS CLUB TO ATTACH A PLAQUE TO THE KIWANIS PARK CONCESSION BUILDING IN MEMORY OF BOB SCHWARTZ; 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. 36-99 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 433 Item 12a RESOLUTION NO. 37-99 RESOLUTION TO AWARD BID FOR THE ARROWHEAD RAW WATER SUPPLY SYSTEM - PUMP STATION MODIFICATIONS 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. 37-99 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 12b Moved by Councilor Johnston that the bid for demolition of various hazardous structures be awarded to Durrett Demolition in the amount of $13,445.00, to Mote, Inc. in the amount of$23,034.00, and to John Hancock Company in the amount of $12,845.00. 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 13c was taken out of sequence and considered at this time. Item 13c The City Council went into Executive Session at 1:33 p.m. as authorized by Section 551.074 of the Texas Government Code and Section 551.071 of the Texas Government Code, and reconvened at 2:15 p.m. Councilor Thompson was not in attendance. Item 13a Councilor Beaty encouraged everyone to tune in tonight to "King of the Hill" on Fox 18. It is good wholesome family entertainment. It is going to offer some good propaganda for the City. Councilor Shine asked for an update on the committee meeting on the Louis Esquibel Park naming issue. City Manager asked if Council wanted this to go to the Park Board since they requested a park be named after Mr. Esquibel? Mayor informed that she, Dave Clark, Steve Seese, and Jack Murphy had met with the interested parties on this about three months ago. The information required of the group requesting this was received on Friday, and we had told them that it needed to be in well in advance of "Cinco de Mayo" since they wanted the dedication for that celebration. The Park Board will hold a special meeting to discuss this matter. Councilor Altman referred to the citizen speaking about the wolves in his neighbor's yard. The citizen had eluded to the fact that perhaps the Staff had not been diligent in 434 Item 13a continued following up on some action last year after the first occasion that he had. Since then I have learned that the citizen should not reflect badly on the City Staff. After that first event, the City Attorney's office prepared a complaint, and asked him to come in and sign it but he didn't. The City Attorney's office then mailed that gentleman the complaint and asked him to return it, but he refused to sign it and return it. That is the reason the City Attorney's Office did not take any further action at that time. Mayor announced that the Red Cross is holding a Blood Drive this week and will also be at the Public Library on April 10 in Room 215. Mayor mentioned that a citizen had called and complained about people throwing trash out of their cars on North Beverly. Mayor stated that it is our responsibility, as citizens of this City, to help keep Wichita Falls clean and not throw trash out in our community. Mayor informed that the Storm Water Drainage Committee will report at the next Council meeting. Mayor informed that the Annexation Committee has met and will report later. Mayor expressed appreciation to everyone on the efficient manner that they are moving traffic on the Overhead Project. Mayor informed that Sheppard Air Force Base would have a change of command next week. She expressed appreciation on behalf of the Council and the citizens of Wichita Falls to General Bergren for his two plus years at Sheppard Air Force Base and for the advancement that has taken place at the base under his command. We look forward to the continued relationship with the Base as the new General comes in. Mayor informed that the retreat dates have changed to June 14 and 15. On the 1511 the retreat will begin after the conclusion of the Council meeting. Item 13b Lynda Hillery informed that the Clean Country Commission is sponsoring and promoting activities that will take place over four Saturdays to collect large appliances, general cleanup, yard waste, and major household items. Acting Chief Borrego reported on the Wrecker Service and on the mobile computer data. Paul Gwynn, Health Department, made a presentation on the Industrial Pre-Treating Ordinance Revision. Item 13d(1) Moved by Mayor Yeager that Mr. Ronald Bullock and Mr. Gary Shores be re-appointed to the Wichita Falls Economic Development Corporation 4A Board of Directors with terms to expire April 15, 2002. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty Nays: None Item 13d(2) Moved by Councilor Beaty that Mr. Eric Norris be appointed to the Clean Community Commission with term to expire December 31, 1999, and that Mr. Matt Marrs be appointed with term to expire December 31, 2000. Mr. Norris will fill Place 1 which was previously held by Mr. Arnold Oliver. Mr. Marrs will fill Place 7 which has been vacant. Motion seconded by Councilor Johnston and carried by the following vote. 435 Item 13d 2 continued Ayes: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty Nays: None Item 13d(3) Moved by Mayor Yeager that Mrs. Katherine Phillips and Mr. Allen Cherry be appointed to the Commission on Human Needs with terms to expire December 31, 1999. Mrs. Phillips will fill Place 2 previously held by Mr. Ron Steele and Mr. Cherry will fill Place 8 previously held by Mr. Ben Valadez. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty Nays: None Item 13d(4) Moved by Councilor Beaty that Mr. Arthur Beeler be appointed to the Board of Electrical Examiners with term to expire May 31, 2001. Mr. Beeler will fill Place 7 previously held by Mr. Roger Wright, TU Representative. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty Nays: None The City Council adjourned at 3:14 p.m. PASSED AND APPROVED this day of 1999. KATO RYN A. Y GER MAYOR ATTEST: 1 Lydia Torres City Cier NOTICE OF MEETING Regular meeting of the Mayor and City Council of the City of Wichita Falls, Texas to be held in the City Council Chambers of the Memorial Auditorium on Tuesday, April 6, 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: Pastor Richard Cook Central Christian Church 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 Granting An Aerial Easement To United Regional Health Care System For Installation Of Communication/Data Cable Across An Alley On Eighth Street. (City Council Bill #55) b. Resolution Authorizing The City Manager To Execute An Encroachment Agreement With Sterling Garrett Across 0.021 Acres Out Of J. A. Scott Survey No. 6, Abstract 636, Archer County, Texas. (City Council Bill #56) 6. Resolutions (cont'd): City Council Agenda Tuesday, April 6, 1999 Page 2 c. Resolution Authorizing The City Manager To Execute An Agreement With Wichita County To Use Their Punch Card Voting System. (City Council Bill #57) 7. Award of Bids: a. Award Of Bid For The Purchase Of Three (3) Each 72" Riding Mowers To Goldthwaite's Of Texas. Inc., In The Amount Of $30,831.00. b. Award Of Bid For The Purchase Of One (1) Each Wrecker Body To Applewhite's Towing Equipment, Inc., In The Amount Of $23,706.61. 8. Receive Minutes: a. Park Board - January 28, 1999 b. Board of Electrical Examiners - February 11, 1999 c. Helen Farabee Regional MHMR Center - February 25, 1999 d. Landmark Commission - March 4, 1999 e. Planning & Zoning Commission - March 10, 1999 f. Landmark Commission - February 4, 1999 REGULAR AGENDA 9. Public Hearings: a. Public Hearing On Hazardous Structures, To Consider An Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. b. A Public Hearing To Approve Amendments To The Proposed Use Of Community Development Block Grant (CDBG) Funds And HOME Program Funds In A Previously Approved Consolidated Plan. c. Public Hearing To Consider An Amendment To The Special Service Franchise Granted To Terry L. Baker, d.b.a., Prime Time Limousine To Increase The Number Of Vehicles Authorized. 10. Ordinances: City Council Agenda Tuesday, April 6, 1999 Page 3 a. An Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. (City Council Bill #58) b. Ordinance Authorizing An Amendment To The Special Service Franchise Granted To Terry L. Baker, d.b.a., Prime Time Limousine To Increase The Number Of Vehicles Authorized. (City Council Bill #59) c. Ordinance Amending Chapter 31 of the Code of Ordinances, Vehicles For Hire, Section 31-27, Definitions, and Section 31-51(b), Passenger Limitations. (City Council Bill #60) d. Ordinance Rezoning Four Lots In The 5500 Block Of Coventry Circle, Lake Wellington Estates Phase One, From General Commercial To Single Family-2 Zoning. (City Council Bill #61) e. Ordinance Amending Chapter 18, Article IV Of The Code Of Ordinances, Regulating Weeds, Rubbish And Unsanitary Matter At Sections 18-46 Through 18-48. (City Council Bill #62) f. Ordinance Making An Appropriation In The Airport Fund In The Amount Of $15,535 To Complete The Kickapoo Airpark Feasibility Study. (City Council Bill #63) g. Ordinance Appropriating Funds Received From The Federal Aviation Administration. (City Council Bill #64) h. Ordinance Waiving Section 5-59 Of The Code Of Ordinances Which Prohibits Giving Animals As Prizes Or Inducements. (City Council Bill #65) i. Ordinance Making An Appropriation From Water/Sewer Fund Equity For Pump Control Valve Systems At The Arrowhead Raw Water Pump Station. (City Council Bill #66) j. Ordinance Waiving Section 22-1(A)(2) To Permit Maintenance Vehicles On The Grass And Extended Reservation Privilege For Spudder And Williams Parks Ballfields To The Tex-Mex Baseball Association. (City Council Bill #67) 11 . Resolutions: City Council Agenda Tuesday, April 6, 1999 Page 4 a. Resolution Approving Changes To The First-Time Homebuyers Program Funded With HOME Dollars In The Action Plan Of The Consolidated Plan. (City Council Bill #68) b. Resolution Approving The Amendment Of Proposed Use Of Funds In The Action Plan Of The Consolidated Plan For The Period Of October 1, 1998 To September 30, 1999. (City Council Bill #69) c. Resolution Establishing The Annual Rental Rate For 142 Lease Lots At Lake Kickapoo For The Period Of October 1, 1999 Through September 30, 2004. (City Council Bill #70) d. Resolution To Approve Engineering Services Contract With Corlett, Probst & Boyd, Inc./Camp, Dresser & McKee For The Jasper Water Treatment Plant Preliminary Engineering Report. (City Council Bill #71) e. Resolution To Approve Engineering Contract With The Firm Of Biggs & Mathews, Inc./CH2M Hill. (City Council Bill #72) f. Resolution Authorizing The Execution Of The Standing Steering Committee Participation Agreement And Appropriating Funds From General Fund Equity For The City's Cost Share Amount Of The Agreement. (City Council Bill #73) g. Resolution Granting Permission To The University Kiwanis Club To Attach A Plaque To The Kiwanis Park Concession Building In Memory Of Bob Schwartz. (City Council Bill #74) 12. Award of Bids: a. Resolution To Award Bid For The Arrowhead Raw Water Supply System - Pump Station Modifications Project. (City Council Bill #75) b. Award Of Bid For Demolition Of Various Hazardous Structures To Durrett Demolition In The Amount Of $13,445.00, Mote, Inc. In The Amount Of $23,034.00, And John Hancock Company In The Amount Of $12,845.00. 13. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. City Council Agenda Tuesday, April 6, 1999 Page 5 c. Executive Session: (1) Consider Qualifications Of Possible Appointees To The Wichita Falls Economic Development Corporation (4A) Board of Directors And Board of Electrical Examiners As Authorized By Section 551.074 Of The Texas Government Code. (2) Briefing By City Attorney Regarding Possible Litigation Concerning Relocation Of Certain Cabins At Lake Kemp As Authorized By Section 551 .071 Of The Texas Government Code. d. Appointments To Boards and Commissions. (1) The Wichita Falls Economic Development Corporation (4A) Board of Directors. (2) Clean Community Commission. (3) Commission on Human Needs (4) Board of Electrical Examiners 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