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Min 06/01/1999 462 Wichita Falls, Texas Memorial Auditorium Building June 1, 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 Arthur Bea Williams - Councilors Dan Shine - James Esther, Jr. - 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 Mayor Kay Yeager. Item 3 Ms. Suzan Toombs, Court Coordinator, Municipal Court, was recognized as Employee of the Month for the month of June. Mayor presented Ms. Toombs with a plaque, a City pin, dinners for two, transit passes, and a check. Mayor read proclamations in recognition of the following: Martin Luther King Scholarship Finalists Rider High School Tennis Team for State Championship in 4-A Boys Doubles, District 7 4-A Runners-up, and Region 1 Championship. Wichita Falls High School Tennis Team for State Championship in 4-A Girls Doubles, District 7 4-A champs and Regional runners-up. This was their ninth trip to State Finals. Rider High School Golf Team for placing fourth in the State and in District 4-A, and for Regional Championship. Mayor proclaimed June 5-12, 1999 as "Home Ownership Week in Wichita Falls". Mr. Bill Rowland invited everyone to attend the Parade of Homes which opens this Saturday. Item 4 Loretta Carr, 1029 Ridgeway, referred to the property at 207 Patterson and stated that she was the owner of that property and wanted to know how property that she owns can be bid off and sold without her permission and demolished. She added that she had clear title to the property. Mayor and several Council members reminded Mrs. Carr of the previous opportunity she had been provided to comply with the Hazardous Structure Ordinance and this has not been accomplished, therefore, this property is now ready for demolition. Councilor Esther stated that he had spoken to Mrs. Carr prior to this meeting and offered to do everything possible to see that she got her money back on the property she purchased which had already been condemned. 463 Item 4 continued Additional discussion ensued. Mayor suggested that if Mrs. Carr had any additional concerns that she speak with Mr. Clark. Councilor Esther commented that he had offered Mrs. Carr any assistance to help her solve her problems and he thinks she has it set in her mind as to how she wants this to be solved. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-7a Moved by Councilor Shine that the consent agenda be approved. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 6a Bid was awarded to Van Waters & Rogers, Inc. in the amount of$16,611.48, for the City's estimated annual requirement of Larvicide. Item 6b Bid was awarded to Grozier & Mann Company at a mark-up of $0.0063 per gallon of .. fuel, for the City's estimated annual supply of unleaded gasoline and #2 diesel fuel. Item 7a Minutes of the following Commission meeting was received. 1. Planning & Zoning Commission, May 12, 1999. Item 8a A public hearing was held to receive comments on the proposed use of Community Development Block Grant (CDBG) and HOME Program funds for the one year action plan of the Consolidated Plan. Mayor declared the public hearing open. Mr. David Clark explained the programs, requirements and available funds. Mr. Clark informed that applications were sent out to the social services agencies making it known that funding is available, and those applications have been received. This public hearing is another chance for persons to talk about anything they want to input into this program. This will lead into the detailed review and recommendations which at this point has not been accomplished. Brenda Jarrett, 1815 Hayes, made an appeal to the CDBG sub-committee for assistance with the restoration efforts, blight removal efforts and beautification efforts of Wichita Falls East. She said that they want to revitalize the target neighborhood of Wichita Falls East. She informed that they asked ten businesses within the target neighborhood of Wichita Falls East to submit an application for CDBG funding, and eight responded. Each business will provide plans for$40,000. The applications have been turned in to the proper authority and she wants to know exactly what she needs to do. Mrs. Jarrett added that 464 Item 8a demolition is prevalent in that neighborhood and they need to see some type of growth, and this is an excellent opportunity to ask for assistance. She asked who the sub-committee members were. Mayor replied that they were Councilors Williams, Shine, and Altman. She suggested that the addition of a parking lot for the East Branch YMCA would be one example of improving the aesthetics, beautification, restoration, and blight removal. Councilor Williams asked for the names of the eight businesses. Mrs. Jarrett informed that they were the East Branch YMCA, Community Center Grocery Store, Young & Co. Funeral Home, Booker T. Washington Alumni, Seventh Street Laundry, Gladys' Odds and Ends, Connies' Home Day Care, and the Opportunity Center. Councilor Esther stated that he and Mrs. Jarrett had discussed what the systematic and cohesive way would be to assist the residents of the eastern portion of District 2, and not have a shotgun effect. He offered to work with Mrs. Jarrett on this. He mentioned the need for a plan of development in that area and the reasons and he provided suggestions. Mayor commented that the Planning Department has worked very closely with Mrs. Jarrett in the Weed & Seed and continue to work very closely with them. There are innumerable programs that the Planning Department supports to do exactly what Councilor Esther is asking to be done. Councilor Esther mentioned that long before Weed & Seed came on board there was so much obligation on the part of the community to pull itself up by its own bootstraps, and his concern was what would happen if we lost Weed & Seed. His intent is to see that the City gets involved in meeting the needs of trying to improve the eastern and northern portions of the District. I do not like grants because all they do is handicap. We pay taxes in our district and we are entitled to come here and participate as equal partners. There has been a lot of money over many years that has been spent to improve this City and yet at the same time there has been, during the past twelve years, a total erosion of a community. After you lose your support activities you lose your bright activities. The bright activities are the intelligent African Americans who would live in that area to give you the necessary support that you need. They are all going to other areas and you are going to lose them. We need to re-attract those people. Mrs. Jarrett stated that the challenge is not the City Government it is the residents in the neighborhood; it is getting them inspired to take responsibility for their community. Mayor called for additional comments. There being no one else who wished to be heard, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 44-99 ORDINANCE REZONING LOTS 8-14, BLOCK 6, SOUTH PARK ADDITION, KNOWN AS 400-412 (EVEN NUMBERS) FOUNTAIN STREET, FROM RESIDENTIAL MIXED USE TO HEAVY COMMERCIAL ZONING AND AMENDING THE COMPREHENSIVE PLAN; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 44-99 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 465 Item 9b ORDINANCE NO. 45-99 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; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 45-99 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 9c ORDINANCE NO. 46-99 AN ORDINANCE APPROPRIATING $24,070 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 46-99 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 9d ORDINANCE NO. 47-99 AN ORDINANCE REPEALING RESOLUTION NO. 2103 AND ADDING NEW SECTION TO CHAPTER 2, ARTICLE IV, BOARDS AND COMMISSIONS OF THE CODE OF ORDINANCES RELATING TO THE CREATION OF THE WICHITA FALLS ARTS COMMISSION; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 47-99 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 466 Item 10a RESOLUTION NO. 56-99 RESOLUTION TO AUTHORIZE THE USE OF MORTGAGE REVENUE BOND PROCEEDS TO FINANCE HOME MORTGAGES FOR PROPERTIES WITHIN THE CITY OF WICHITA FALLS; 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. 56-99 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 10b RESOLUTION NO. 57-99 RESOLUTION TO AUTHORIZE THE CITY MANAGER AND FIRE CHIEF TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF WICHITA FALLS FIRE DEPARTMENT AND THE SHEPPARD AIR FORCE BASE FIRE DEPARTMENT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 57-99 be passed. Motion seconded by Councilor Esther. Mayor noted that a correction was needed in the last paragraph of the agreement. The word "fort" will be corrected to "for". Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 10c RESOLUTION NO. 58-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO TEXAS PARKS AND WILDLIFE DEPARTMENT FOR A MATCHING GRANT FOR A TRAIL IN HAMILTON PARK.; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 58-99 be passed. Motion seconded by Councilor Altman. Councilor Altman pointed out some punctuation errors. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 467 Item 11 a Moved by Councilor Altman that bid in the amount of $21,000.00, be awarded to Continental Emsco for the purchase of two (2) each 6,500 gallon bulk storage tanks. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 11 b Moved by Councilor Esther to reject bids for the City's estimated annual requirement of general office supplies. Motion seconded by Councilor Beaty. Mrs. Peggy Gahagan explained that they had gone out for bids with what they felt was a fairly good sampling of office supply items, however, when bids were received it was difficult to compare them. The suppliers bid different packs than what was originally requested because it might have been what was standard for their particular manufacturer. Our intent was to take the sampling of items and determine which would be the best supplier overall for the City. After pulling the items that were not applicable we ended up with $12,000 worth of items to evaluate, which was not quite enough based upon the fact that we are going to spend approximately $80,000-$85,000 in one year for office supplies. I have visited with the two major suppliers and they understand why we went this direction. The bids will be reformatted, very specific, brand named, and we will give the exact product number that we want bid. We will have a much better feel of what the true dollars will be and the vendors will all be bidding the exact same products. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12a Councilor Altman expressed appreciation to Mr. Jim King for his promptness in responding to citizen concerns. Councilor Esther stated that because he is new on the Council you will hear comments from him to help people resolve the problems in the Eastside of the City. I believe in orderliness and some approach that can be ongoing. I think some of the problems in District 2 is the reliance on grants and you will be hearing from me on that. The Staff has helped me out and we need to do the necessary planning for all the projects in the City. I will appreciate all of the Staff's help in this. Mayor reminded Council about the retreat dates, June 14 and 15, and invited the public to attend. Item 12b City Manager informed that the retreat would be at 8:30 at MPEC beginning on June 14 and continues June 15, 1999 after the Council meeting. City Manager referred to the question asked by Mrs. Loretta Carr this morning. The question was asked as to the why, and he feels that the why of it is that with property ownership comes responsibility. This City has received compliments and criticisms for its 468 Item 12b continued demolition programs and, admittedly, because they tend to fall in certain segments of the community where most dilapidated houses need demolition. Our purpose for being in that program is to make the rest of the neighborhood safe. We have a tremendous responsibility and we are there for safety, not because we enjoy tearing down structures or stopping someone's dream. It takes money to do something with a particular type of property and when that does not happen, the neighborhood is still left with a dilapidated structure that is sometimes dangerous. He hopes that Council continues to back the programs that lead to the eradication of those properties. Just as in the Weed & Seed, you have to take some away before other can come in and in-fill. It is our responsibility as well as the property owner to maintain the property, and if the property owner does not we have to get into the act. Councilor Esther agreed with the City Manager and stated that was his concern also. He stated that it was more costly to renovate an old structure than to tear it down and start anew. If you want to change the attitude of a society or community you get rid of those structures that tend to incubate our mind set that is no longer needed for this particular area of the community to grow. When an old structure is torn down put a new one in its place, then you can modify behavior. City Council recessed at 10:20 a.m. to view the Fire Department's Command Post. Item 12c The City Council went into Executive Session at 10:40 a.m. as authorized by Section 551.074 of the Government Code, and Section 551.071 of the Texas Government Code, and reconvened at 11:20 a.m. Item 12d was taken out of sequence and will be considered following item 12e(5). Item 12e(1) Moved by Councilor Shine that Mr. Cliff Berg, Place 2, and Mr. David Rhone, Place 5 be reappointed to the Planning & Zoning Commission, with terms to expire May 31, 2001, and that the following persons be appointed: Place 3 - Mr. Rusty Sons, term expires May 31, 2001 Place 7 - Mrs. Lou Ann Phillips, term expires May 31, 2001 Place 10 - Mr. Bruce Harris, term expires May 31, 2000 (Alternate 1) Place 11 - Mr. Ken Birck, term expires May 31, 2000 (Alternate 2) Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Moved by Councilor Shine that Mr. David Rhone be appointed as Chair of the Planning & Zoning Commission for one year. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 469 Item 12e(2) Moved by Councilor Shine that Mr. Michael Norrie be appointed as Alternate 1, Place 6 to the Board of Adjustment with term to expire December 31, 2000. Alternate 2 position will be filled at a later date. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12e(3) Moved by Councilor Shine that Mr. Don Wright, Place 2, be reappointed to the Board of Electrical Examiners with term to expire May 31, 2001, and that the following persons be appointed: Place 1 - Mr. Jerry Brungardt, term expires May 31, 2001 (At-Large) Place 6 - Mr. Elvin Dudley, term expires May 31, 2001 (Home Builder) Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12e(4) Moved by Councilor Burns that the following persons be appointed to the Arts Commission: Place 1 - Mrs. Myloa Beilke, term expires July 31, 2001 Place 8 - Mr. Al Graham, term expires July 31, 2001 Place 13 - Mr. Jim Nims, term expires July 31, 2001 Place 15 - Mr. Dean Funston, term expires July 31, 2001 Place 16 - Mr. Bill Niles, Greater Wichita Falls Alliance for The Performing Arts, term expires July 31, 2001 (New Agency per Ordinance No. 47-99) Place 17 - Mr. Jim Pettyjohn, Wichita Falls Fire & Police Museum, term expires July 31, 2001 (New Agency per Ordinance No. 47-99) and that the following person be reappointed: Place 2 - Carolyn Sanders, term expires July 31, 2001 Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12e(5) Moved by Councilor Williams that Mrs. Patsy Klein, Place 4, be reappointed to the Library Advisory Board with term to expire June 30, 2002. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Other appointments to this Board will be made within one month. 470 Item 12d Discussion of proposed Charter amendments was held. City Attorney informed that time is of the essence because of the Police Petition. We can only have a charter amendment election once every two years and we will have to proceed to attempt to get these recommendations considered and a decision made to put them on the August election ballot. City Clerk informed that the election date would be August 14, 1999, therefore, the last day to call the August election would be June 30, 1999. Council concurred to hold a worksession June 10, 1999 at 8:30 a.m. in Council Chambers and that it be televised for the public's benefit. The City Council adjourned at 12:10 p.m. PASSED AND APPROVED this I ay of 1999. KAT RYN A. rAG-14 MAYO 7 ATTEST: Lydia Torres City Clerk 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, June 1, 1999, Beginning At 8:30 a.m. City Council: Mayor Kay Yeager - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Bud Beaty 1 . Call to Order. 2. Invocation: David Adair Pastor, Southwest Baptist 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. Award of Bids: a. Award Of Bid For The City's Estimated Annual Requirement Of Larvicide To Van Waters & Rogers, Inc., In The Amount Of $16,611 .48. b. Award Of Bid For The City's Estimated Annual Supply Of Unleaded Gasoline And #2 Diesel Fuel To Grozier & Mann Company. 7. Receive Minutes: a. Planning & Zoning Commission - May 12, 1999 City Council Agenda Tuesday, June 1, 1999 Page 2 REGULAR AGENDA 8. Public Hearings: a. A Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The One Year Action Plan Of The Consolidated Plan. 9. Ordinances: a. Ordinance Rezoning Lots 8-14, Block 6, South Park Addition, Known As 400-412 (Even Numbers) Fountain Street, From Residential Mixed Use To Heavy Commercial Zoning And Amending The Comprehensive Plan. (City Council Bill #107) b. Ordinance Making Appropriation To The Special Revenue Fund For Additional Grant Revenue In The Amount Of $6,812 Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting The Same. (City Council Bill #108) c. An Ordinance Appropriating $24,070 In Funding Received From The Texas Department Of Public Safety For The Emergency Management Assistance Program. (City Council Bill #109) d. Ordinance Repealing Resolution No. 2103 And Adding New Section To Chapter 2, Article IV, Boards And Commissions Of The Code Of Ordinances Relating To The Creation Of The Wichita Falls Arts Commission. (City Council Bill #110) 10. Resolutions: a. Resolution To Authorize The Use Of Mortgage Revenue Bond Proceeds To Finance Home Mortgages For Properties Within The City Of Wichita Falls. (City Council Bill #111) 10. Resolutions (cont'd): b. Resolution Authorizing The City Manager And Fire Chief To Execute A Mutual Aid Agreement Between The City Of City Council Agenda Tuesday, June 1, 1999 Page 3 Wichita Falls And The Sheppard Air Force Base Fire Department. (City Council Bill #112) c. Resolution Authorizing The City Manager To Apply For Matching Grant Funds To Texas Parks & Wildlife Department For A Trail In Hamilton Park. (City Council Bill #113) 11 . Award of Bids: a. Award Of Bid For Two (2) Each 6,500 Gallon Bulk Storage Tanks To Continental Emsco In The Amount Of $21,000.00. b. Motion To Reject Bids For The City's Estimated Annual Requirement Of General Office Supplies. 12. 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 Planning & Zoning Commission, Board of Adjustment, and Board of Electrical Examiners As Authorized By Section 551 .074 Of The Texas Government Code. (2) Briefing By City Attorney On Status of Labotex v. Boddy and City of Wichita Falls As Authorized By Section 551.071 Of The Texas Government Code. (3) Briefing By City Attorney On Proposed Charter Changes As Authorized By Section 551 .071 Of the Texas Government Code. (4) Briefing By City Attorney On Status of Lake Kemp Cabins As Authorized By Section 551 .071 Of the Texas Government Code. d. Consider Proposed Charter Changes 12. Other Council Matters (cont'd) e. Consider Appointments (1) Planning & Zoning Commission (2) Board of Adjustment (3) Board of Electrical Examiners City Council Agenda Tuesday, June 1, 1999 Page 4 (4) Arts Commission (5) Library Advisory Board 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, 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